Table of Contents
9-8-2025 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - List of Demands Packet
Item 4 - Amendment United Site Services
Item 5 - FY24-25 Q4 Treasurer's Report
Item 6 - EP25-068 (610 Hoska Drive)
Item 7 - 2025 Building Code Update
Item 8 - 2025 Fire Code Update
Item 9 - Shores Park Master Plan - Guiding Principles & Preferred Park Amenities Item 10 - Award of Construction Contract for Crest Canyon (UUD X1A) Item 11 - ADU Mid Cycle Evaluation
2 9
14 47
67 72
85 135
173
274
356
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, September 8, 2025 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.
Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Terry Gaasterland
Mayor
Tracy Martinez
Deputy Mayor
Dan Quirk
Council Member
John W. Spelich
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting September 8, 2025
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.
1. Approval of Minutes: August 18, 2025 Regular Meeting and August 25, 2025 Special Meeting
Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands dated September 8, 2025 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting September 8, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. First Amendment to Agreement with United Site Services of California, Inc. for Portable Restroom Services
Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement (Agreement) between the City of Del Mar and United Site Services of California, Inc. (Attachment A) for Portable Restroom Services, extending the agreement term and amending the service fee schedule; and 2) Authorize the City Manager to execute the First Amendment.
Reference: Clerk’s File No. 406-1
5. Treasurer’s Investment Report for the Quarter Ended June 30, 2025 Recommended Action: Staff recommends that the City Council receive and file the informational Treasurer’s Investment Report for the Quarter Ended June 30, 2025.
Reference: Clerk’s File No. 102-2, 209-2
VIII. PUBLIC HEARING
6. Encroachment Permit 25-068 to Retain Existing Unpermitted Retaining Walls and to Extend an Existing Wall within the Public Right-of-way at 610 Hoska Drive
Applicants: Tim and Jayne Haines
Recommended Action: Staff recommends the City Council adopt the attached Resolution (Attachment A) denying a Long-term Major Encroachment Permit (EP) 25-068 to retain an existing unpermitted retaining wall within the public right-ofway based on non-compliance with the Del Mar Municipal Code (DMMC) and City Council Policy 110 (Private Encroachments into City Rights-of-Way).
Reference: Clerk’s File No. 802-1
7. Introduction of an Ordinance to Adopt the 2025 California Building Standards Code and Local Amendments within Chapters 23.12 and 23.70 of the Del Mar Municipal Code
Recommended Action: Staff recommends that the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter Del Mar City Council Regular Meeting September 8, 2025
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
23.12 to adopt the 2025 Edition of the California Building Standards Code, adopt the California Wildland-Urban Interface Code, amend Chapters 23.12 and 23.70 to reflect local amendments to the 2025 California Building Standards Code, and continue to apply various locally adopted amendments thereto as necessary to reflect Del Mar’s unique characteristics and approach to design and development review.
Reference: Clerk’s File No. 401-4, 401-9
8. Introduction of an Ordinance to Adopt the 2025 California Fire Code, 2025 California Wildland Urban Interface Code, and Local Amendments Recommended Action: Staff recommends that the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter
10.04 to adopt the 2025 Edition of the California Fire Code, adopt the 2025 Edition of the California Wildland-Urban Interface Code (CWUIC), amend Chapter 10.04 to reflect a local amendment to the 2025 California Fire Code, and continue to apply various locally adopted amendments thereto as necessary to reflect the Del Mar Fire Department’s approach to fire prevention and protection.
Reference: Clerk’s File No. 401-4, 401-9
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS
9. Reaffirmation of Guiding Principles and Preferred Park Amenities for the Shores Park Master Plan and Resolution Establishing the Shores Park Master Plan Ad-hoc Advisory Committee
Recommended Action: Staff recommends that the City Council: 1) Reaffirm the Guiding Principles and the Preferred Park Amenities for the Shores Park Master Plan (Attachment A), 2) Adopt a Resolution establishing a new Shores Park Master Plan Ad-hoc Advisory Committee (Attachment B) to advise staff and the City Council on the completion of the Master Plan, and 3) Appoint Council liaisons to the Shores Park Master Plan Ad-hoc Advisory Committee.
Reference: Clerk’s File No. 307-8
10. Award of Construction Contract to TC Construction Company, Inc. and Related Actions for Utility Undergrounding District X1A (Crest Canyon) Recommended Action: Staff recommends that the City Council take the following actions:
1) Approve the withdrawal of the apparent lowest bidder, Tri-Group Construction and Development, due to a clerical error under Public Contract Code 5103; Del Mar City Council Regular Meeting September 8, 2025
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 2) Award a $7,128,769.96 construction contract to TC Construction Company, Inc. (Attachment A) for the Utility Undergrounding District (UUD) X1A (Crest Canyon) Project;
3) Approve a $663,280 Task Order with Utility Specialists Southwest, Inc. for Construction Management and Inspection Services (Attachment B); 4) Approve a $119,633 Task Order with NOVA Services, Inc. for Geotechnical Services (Attachment C);
5) Approve a $123,400 Task Order with Helix Environmental Planning, Inc. for Environmental Monitoring Services (Attachment D);
6) Approve a 10% project contingency of $712,877;
7) Authorize the appropriation of $6,886,465 in unexpended funds from the prior year to be carried over to FY 2025-26 for the Crest Canyon project; and, 8) Authorize the City Manager to execute the required documents and any contract and Task Order changes, within the project contingency, necessary to complete the work.
Reference: Clerk’s File No. 406-1
11. City Council Direction on Potential Incentives to Create Low-Income Units in Consideration of the City’s Mid Cycle Housing Element Production Progress
Recommended Action: Staff recommends that the City Council: 1) Review a consultant evaluation of the City’s Accessory Dwelling Unit (ADU)-related recommendations to amend existing incentive programs to reach the City’s 6th Cycle Housing Element goal to create 15 low-income ADUs by April 2029 (Attachment A), 2) Review feedback collected by the April/May 2025 community survey, and 3) Provide direction to staff on next steps to bring forward an amended incentive program for consideration by the City Council at a future date.
Reference: Clerk’s File No. 304-7
XI. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Gaasterland/Martinez) E. North County Transit District (NCTD) (Martinez/Spelich) F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee
I. SANDAG Regional Planning Committee
Del Mar City Council Regular Meeting September 8, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us J. SANDAG Shoreline Preservation Working Group
(Spelich/Gaasterland/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Del Mar Community Connections (Martinez/Spelich)
B. Del Mar Village Association (Gaasterland/Martinez)
C. Finance Committee (Gaasterland/Spelich)
D. Housing Subcommittee (Gaasterland/Martinez)
E. Human Resources Subcommittee (Gaasterland/Martinez)
F. Legislative Subcommittee (Gaasterland/Martinez)
G. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) H. Parks and Recreation Committee (Martinez/Quirk)
I. Del Mar Railroad Subcommittee (Gaasterland/Martinez) J. Lagoon Committee (Gaasterland/Spelich)
K. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
L. Shores Advisory Committee
M. Sustainability Advisory Committee (Martinez/Gaasterland) N. Traffic and Parking Advisory Committee (Quirk/Spelich) O. Undergrounding Program Advisory Committee (Gaasterland/Spelich) P. Other Committee-Subcommittee Reports
XIII. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
September 22, 2025
Second Reading/Adoption of Ordinances to Update California Building Code and California Fire Code
Initial Consideration of Seaside Ridge Appeal
Jimmy Durante Boulevard Pavement - Discussion of Proposed Striping Improvements and Approval of Design Task Order with Michael Baker International Del Mar City Council Regular Meeting September 8, 2025
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Award of Construction Contract for Jimmy Durante Boulevard Bluff Stabilization Project Consultant Contract and Scope of Work for Shores Park Master Plan UP Program Financing Update on IBank Loan
XIV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 4th day of September, 2025 at approximately 4:15 p.m.
_______________________________________________ 9/4/2025 Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 18, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
1317 Irving Avenue, Colonial Beach, VA 22443
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Terry Gaasterland called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland (remotely); Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich
CITY ATTORNEY CLOSED SESSION REPORT
None.
PLEDGE OF ALLEGIANCE
Councilmember Quirk led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and the following people spoke:
1) Udo Wahn
2) Patricia Rose
3) Art Olson
4) Janet Wilson
5) Frank Chisari
6) Diana Kutlow
Mayor Gaasterland closed public oral communications.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the outcome of the City’s 2025 Fuel Reduction Program which resulted in 19.66 tons of green waste and brush removal; upcoming Del Mar Recycles event being held on September 13, 2025, from 9:00 a.m.-12:00 p.m. in the lower parking lot of Shores Park; and Downtown power washing taking place August 25-27, 2025, in partnership with the Del Mar Village Association (DMVA) and Urban Corps of San Diego.
1 September 8, 2025 Item 1
City Council Regular Minutes
August 18, 2025
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY MAYOR GASTERLAND SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 10. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: JULY 7, 2025 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED AUGUST 18, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: APPROVAL OF TASK ORDER WITH MICHAEL BAKER INTERNATIONAL (MBI) FOR CITYWIDE CURBSIDE MANAGEMENT INVENTORY (CLERK’S FILE NO. 406-1) Council questions focused on the City’s as-needed agreement with MBI; when the last engineering services Request for Proposals (RFP) process was last completed and timing for the next RFP process.
Council approved a $135,500 Task Order with the City’s as-needed engineering consultant Michael Baker International (MBI) to conduct a citywide curbside management inventory of red curbs and available on-street parking along public streets in Del Mar; and authorized the City Manager to execute the Task Order, on consent.
ITEM 5: DISSOLUTION OF THE SHORES PARK MASTER PLAN ADVISORY COMMITTEE (CLERK’S FILE NO. 401-5)
Mayor Gaasterland opened public oral communications and Arthur Olson and Frank Chisari spoke. Mayor Gaasterland closed public oral communication.
Council questions focused on the timing for the Shores Park Master Planning effort and funding sources for the project.
Council adopted Resolution 2025-29, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, DISSOLVING THE SHORES PARK MASTER PLAN ADVISORY COMMITTEE,” formally dissolving the Shores Park Master Plan Advisory Committee, on consent.
2 September 8, 2025 Item 1
City Council Regular Minutes
August 18, 2025
ITEM 6: FINANCE COMMITTEE REAPPOINTMENT (CLERK’S FILE NO. 401-5) Council reappointed Steven McDowell as a member to the Finance Committee to serve a second full three-year term effective September 1, 2025, and ending on September 30, 2028, on consent.
ITEM 7: ONE-YEAR EXTENSION OF DEL MAR FIRE STATION LEASE (CLERK’S FILE NO. 103-2, 406-1)
Council approved a 12-month extension of the City’s lease with the California Department of General Services and 22nd District Agricultural Association for the Del Mar Fire Station through June 30, 2026; and authorized the City Manager to execute the lease extension, on consent.
ITEM 8: SECOND AMENDMENT TO AGREEMENT FOR CONTRACT PLANNING SERVICES (CLERK’S FILE NO. 406-1)
Council approved the Second Amendment to the Agreement between the City of Del Mar and Civic Solutions, Inc. for contract planning services to extend the term for an additional six-month period ending February 3, 2026, adjusted the fee schedule; and authorized the City Manager to execute the Second Amendment, on consent.
ITEM 9: WATER UTILITY SPECIALIST II COMPENSATION ADJUSTMENT (CLERK’S FILE NO. 502-1)
Council adopted Resolution 2025-30, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2025-2026
COMPENSATION PLAN FOR GENERAL EMPLOYEES TO CHANGE THE
COMPENSATION FOR THE WATER UTILITY SPECIALIST II POSITION,” amending the Fiscal Year 2025-2026 General Employee Compensation Plan to adjust the compensation for the Water Utility Specialist II position based on recent changes to the position’s job duties, on consent.
ITEM 10: APPROVAL OF UPDATED PUBLIC FURNITURE DONATION (CLERK’S FILE NO. 1202-5)
Mayor Gaasterland opened public oral communications and Elias Campos representing the Del Mar Library spoke in support of the project. Mayor Gaasterland closed public oral communication. Council questions focused on the Rotary Club’s work to refurbish the benches outside of the library.
Council adopted Resolution 2025-31, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA APPROVING UPDATES TO THE CITY’S PUBLIC FURNITURE DONATION PROGRAM,” approving updates to the City’s Public Furniture Donation Program, on consent.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
3 September 8, 2025 Item 1
City Council Regular Minutes
August 18, 2025
City Council representatives reported on the Legislative Subcommittee and recent Mayors Symposium on Homelessness.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 5:30 p.m.
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
4 September 8, 2025 Item 1
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
AUGUST 25, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California 92014
CALL TO ORDER
Mayor Terry Gaasterland called the meeting to order at 2:30 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez (arrived at 2:35 p.m.); Councilmembers Dan Quirk and John Spelich
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Seaside Ridge Project; and 2) LOSSAN Rail Realignment Project Conflict Analysis
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.
B) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Amicus Request- Supreme Court of The United States Petition for Certiorari - City of Huntington Beach, et al. V. Newsom, et al, No. 23-3694 (Ninth Circuit)
Authority: Government Code Section 54956.9(d)(4)
Reportable Action: None.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 4:25 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
5 September 8, 2025 Item 1
Vendor Payment Checks $ 352,829.41
Voids -
Electronic Fund Transfers (EFT) 951,481.87
Electronic Wires 324,445.03
Total $ 1,628,756.31
Approved by: Approved by:
Marco Camacho Terry Gaasterland
Finance Manager/Treasurer Mayor
Date: Date:
Attachments: Check Registers
LIST OF DEMANDS
CITY OF DEL MAR
for
City Council Meeting
September 8, 2025
9/3/25
1 September 8, 2025 Item 2
08/06/2025
Check List
City of Del Mar
1 4:07:48PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4147 8/8/2025 irs01 IRS, UNITED STATES TREASURY Ben181214 8/8/2025 FEDERAL TAX: PAYMENT 49,576.02 49,576.02 Voucher: 4147
4148 8/8/2025 per01 PERS Ben181216 8/8/2025 PERS CONTRIBUTIONS: PAYMENT 57,602.66 57,602.66 Voucher: 4148
4149 8/8/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben181218 8/8/2025 STATE TAX: PAYMENT 13,617.26 13,617.26 Voucher: 4149
4150 8/8/2025 per02 PERS 457 Ben181220 8/8/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,966.86 2,966.86 Voucher: 4150
4151 8/8/2025 ida01 IDAHO STATE TAX COMMISSIONBen181222 8/8/2025 IDAHO STATE TAX COMMISSION: PAYMENT 231.64 231.64 Voucher: 4151
Sub total for GENERAL ACCOUNT US BANK: 123,994.44
Page: 1
2 September 8, 2025 Item 2
08/06/2025
Check List
City of Del Mar
2 4:07:48PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7069 8/8/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben181210 8/8/2025 401A PLAN: PAYMENT 555.16 555.16 Voucher: 7069
7070 8/8/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben181202 8/8/2025 MISSION SQUARE 457B: PAYMENT 10,663.72 10,663.72 Voucher: 7070
7071 8/8/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben181212 8/8/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 743.52 743.52 Voucher: 7071
7072 8/8/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben181204 8/8/2025 DMCEA DUES: PAYMENT 286.00 286.00 Voucher: 7072
7073 8/8/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben181208 8/8/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,672.86 1,672.86 Voucher: 7073
7074 8/8/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben181206 8/8/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 5,349.88 5,349.88 Voucher: 7074
Sub total for EFT GENERAL ACCOUNT US BANK: 19,271.14
Page: 2
3 September 8, 2025 Item 2
08/06/2025
Check List
City of Del Mar
3 4:07:48PM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 143,265.58 Page: 3
4 September 8, 2025 Item 2
08/12/2025
Check List
City of Del Mar
1 5:21:20PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7075 8/13/2025 coa21 COAST NEWS GROUP 00157321 6/6/2025 AD - PUBLIC HEARING 147.25 Voucher: 7075 00157398 6/6/2025 AD - PUBLIC HEARING 124.00 00157315 6/6/2025 AD - PUBLIC HEARING 120.13
00157402 6/6/2025 AD - ORDIN INTRO 77.50
00157403 6/6/2025 AD - ORDIN INTRO 62.00 530.88
7076 8/13/2025 ips02 IPS GROUP INC INV111403 5/31/2025 PRKG MTR TRANS FEE MAY 3,917.29 Voucher: 7076 INV112583 6/30/2025 PRKG MTR TRANS FEE JUN 3,770.78 INV110291 4/30/2025 PRKG MTR TRANS FEE APR 3,535.14
INV107602 2/28/2025 PRKG MTR TRANS FEE FEB 3,010.34
INV109664 4/7/2025 BATTERY PACK ASSMBLY 1,957.50
INV109749 4/14/2025 PRKG MTR PAPER ROLLS 1,392.00 17,583.05 Sub total for EFT GENERAL ACCOUNT US BANK: 18,113.93
Page: 1
5 September 8, 2025 Item 2
08/12/2025
Check List
City of Del Mar
2 5:21:20PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140009 8/13/2025 bro19 BROTHERS PEST WORKS INC1813723559 6/24/2025 BEE REMOVAL JUN 200.00 200.00 Voucher: 140009
140010 8/13/2025 lnc01 L.N. CURTIS & SONS INV1007731 6/26/2025 UNIFORMS FIRE 11,068.03 11,068.03 Voucher: 140010
140011 8/13/2025 sai01 SAINT PETER'S EPISCOPAL CHURCH 08062025 8/6/2025 JAN/JUN METER REV SHARE 15,350.55 15,350.55 Voucher: 140011
140012 8/13/2025 sig07 SIGTRONICS CORPORATIONS07627 6/26/2025 HEADSETS FIRE 2,116.97 2,116.97 Voucher: 140012
140013 8/13/2025 usb03 US BANK CORP PYMT SYSTEMS 4246-0446-7414-28846/22/2025 US BANK CHARGES JUN 18,142.45 18,142.45 Voucher: 140013
140014 8/13/2025 ver12 VERIZON 73410845 7/20/2025 TELEPHONE JUN 128.54 128.54 Voucher: 140014
Sub total for GENERAL ACCOUNT US BANK: 47,006.54
Page: 2
6 September 8, 2025 Item 2
08/12/2025
Check List
City of Del Mar
3 5:21:20PM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 65,120.47 Page: 3
7 September 8, 2025 Item 2
8 September 8, 2025 Item 2
9 September 8, 2025 Item 2
10 September 8, 2025 Item 2
11 September 8, 2025 Item 2
12 September 8, 2025 Item 2
13 September 8, 2025 Item 2
08/13/2025
Check List
City of Del Mar
1 11:49:01AM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7097 8/13/2025 ace02 ACE UNIFORMS LLC VS0129353 7/24/2025 UNIFORMS FIRE FY25 1,127.92 1,127.92 Voucher: 7097
7098 8/13/2025 cor22 CORVEL CORPORATION 1864751 7/21/2025 FNOL FEES - JUN 111.00 111.00 Voucher: 7098
7099 8/13/2025 del14 DEL MAR VILLAGE ASSOCIATION 02 8/1/2025 DMVA AGRMNT JUN 30,917.85 30,917.85 Voucher: 7099
7100 8/13/2025 dev02 DEVANEY PATE MORRIS & CAMERON 10683 7/15/2025 LEGAL FEES JUN 12,468.40 Voucher: 7100 10480 5/15/2025 LEGAL FEES APRIL 2,757.20 10437 5/9/2025 LEGAL FEES APR 1,073.60
10439 5/9/2025 LEGAL FEES APRIL 317.20 16,616.40
7101 8/13/2025 nce01 NORTH COUNTY EVS INC 8988 6/24/2025 FIRE ENGINE MAINT 14,857.58 Voucher: 7101 8991 6/26/2025 FIRE ENGINE MAINT 13,666.86 28,524.44 Sub total for EFT GENERAL ACCOUNT US BANK: 77,297.61
Page: 1
14 September 8, 2025 Item 2
08/13/2025
Check List
City of Del Mar
2 11:49:01AM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140047 8/13/2025 sol01 CITY OF SOLANA BEACH 221063 6/30/2025 FIRE RESOURCE POOL Q3/Q4 SB 6,018.20 Voucher: 140047 07282025-3 7/28/2025 OFF TRACK MARCH 1,453.96 07282025-5 7/28/2025 OFF TRACK MAY 1,269.40
07282025-6 7/28/2025 OFF TRACK JUNE 1,238.86
07282025-4 7/28/2025 OFF TRACK APRIL 1,008.29
221060 6/30/2025 FIRE MGMT SVCS SB 858.00 11,846.71
140048 8/13/2025 san20 SAN DIEGUITO RIVER PARK, A JOINT POWERS AUTHORITY 07282025-3 7/28/2025 OFF TRACK MARCH 726.98 Voucher: 140048 07282025-5 7/28/2025 OFF TRACK MAY 634.70 07282025-6 7/28/2025 OFF TRACK JUNE 619.43
07282025-4 7/28/2025 OFF TRACK APRIL 504.14 2,485.25
Sub total for GENERAL ACCOUNT US BANK: 14,331.96
Page: 2
15 September 8, 2025 Item 2
08/13/2025
Check List
City of Del Mar
3 11:49:01AM
apChkLst Final Page:
7 checks in this report. Grand Total All Checks: 91,629.57 Page: 3
16 September 8, 2025 Item 2
08/18/2025
Check List
City of Del Mar
1 3:19:49PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7102 8/19/2025 ace02 ACE UNIFORMS LLC VS0129263 7/21/2025 UNIFORMS FIRE 20.05 20.05 Voucher: 7102
7103 8/19/2025 coa21 COAST NEWS GROUP 00158094 8/1/2025 AD - PUBLIC HEARING 248.00 Voucher: 7103 00158093 8/1/2025 AD - PUBLIC HEARING 220.88 468.88 7104 8/19/2025 dix01 DIXIELINE LUMBER CO 06-0609073 8/4/2025 OPERATING SUPP CS 507.39 Voucher: 7104 06-0608993 8/4/2025 OPERATING SUPP PW 116.03 06-0608283 7/29/2025 WATER METER PARTS 21.57
06-0608528 7/30/2025 WATER METER PARTS 15.69
06-0608321 7/29/2025 WATER METER PARTS 13.94
06-0608977 8/4/2025 MAINT/REPAIR SUPP PW 1.96 676.58
7105 8/19/2025 duk01 DUDEK & ASSOCIATES 202505254 7/7/2025 SD LAGOON ENGR SRVCS APR/MAY 17,188.28 Voucher: 7105 202505253 7/7/2025 SD LAGOON ENGR SRVCS MAR/APR 2,148.30 19,336.58 7106 8/19/2025 joh30 JOHNSON CONTROLS FIRE, PROTECTION LP 24871540 8/1/2025 ALARM LIBRARY SEP/NOV 258.17 258.17 Voucher: 7106
7107 8/19/2025 kle01 KLEINFELDER 1542095 7/24/2025 CDM BRIDGE JUN 112,081.88 112,081.88 Voucher: 7107
7108 8/19/2025 ful01 KURT MORGAN 44091 8/11/2025 BUSINESS CARDS 102.00 102.00 Voucher: 7108
7109 8/19/2025 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 24028 7/31/2025 STOP SIGN REFLECTORS 734.79 Voucher: 7109 24025 7/31/2025 STREET MAINT PW 265.35 1,000.14 7110 8/19/2025 mic11 MICHAEL BAKER INTERNATIONAL 1256998 8/6/2025 CITY ENGR SRVCS JUL 21,954.01 21,954.01 Voucher: 7110
7111 8/19/2025 opt03 OPTIMIZED INVESTMENT PARTNERS, LLC 1449 8/12/2025 INVSTMT SRVCS JUL 2,722.54 2,722.54 Voucher: 7111
7112 8/19/2025 uni03 SAN DIEGO - UNION TRIBUNE0011728690 4/30/2025 AD - INTENT TO ADOPT 935.40 935.40 Voucher: 7112
7113 8/19/2025 sca12 SCA OF CA LLC CA25001064 7/30/2025 SWEEPING SRVCS JUL 2,868.10 2,868.10 Voucher: 7113
7114 8/19/2025 bny01 THE BANK OF NY MELLON TRUST CO 034897 8/6/2025 OCEAN VIEW BOND PYMT 51,225.00 51,225.00 Voucher: 7114
7115 8/19/2025 tru09 TRUE NORTH COMPLIANCE SRVCS DM25-07 8/8/2025 BLDG CODE PC INSP JUL 41,410.74 41,410.74 Voucher: 7115
Page: 1
17 September 8, 2025 Item 2
08/18/2025
Check List
City of Del Mar
2 3:19:49PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7116 8/19/2025 uti01 UTILITY SPECIALISTS INC 30158 7/31/2025 UP - 1B STRATFORD N JUN 18,792.75 Voucher: 7116 30159 7/31/2025 UP - 1A STRATFORD S JUN 14,322.50 30161 7/31/2025 UP - 1A STRATFORD REIMB JUN 218.40
30160 7/31/2025 UP - 1B STRATFORD N REIMB JUN 18.20 33,351.85 7117 8/19/2025 wex01 WEX BANK 0496-00-496530-7 8/6/2025 GAS & OIL PW 4,308.60 Voucher: 7117 0496-00-495760-1 8/6/2025 GAS & OIL FIRE - JUL 1,259.58 5,568.18 7118 8/19/2025 gan04 WILLIAM GANDER, DBA RESITEC, LLC DM-RT20250805 8/5/2025 SOLAR MONITORING JUL 200.00 200.00 Voucher: 7118
Sub total for EFT GENERAL ACCOUNT US BANK: 294,180.10
Page: 2
18 September 8, 2025 Item 2
08/18/2025
Check List
City of Del Mar
3 3:19:49PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140049 8/19/2025 air01 AIRGAS USA LLC 9163334038 7/26/2025 MULTIPROCESS WELDER 3,328.84 3,328.84 Voucher: 140049
140050 8/19/2025 air10 AIRX UTILITY SURVEYORS, INC24169 5/1/2025 1B STRATFORD N 20B 11,206.25 11,206.25 Voucher: 140050
140051 8/19/2025 sbc03 AT&T 9391059863 8/1/2025 TELEPHONE JUL 666.54 666.54 Voucher: 140051
140052 8/19/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J2132 7/31/2025 JANITORIAL SRVCS CH - JUL 2,564.00 Voucher: 140052 J2125 7/28/2025 JANITORIAL SUPPLIES 1,491.05 J2133 7/31/2025 JANITORIAL SRVCS PW JUL 501.00
J2124 7/28/2025 JANITORIAL SUPPLIES 180.19 4,736.24
140053 8/19/2025 bab03 BABCOCK LABORATORIES, INCCH50146-10666 8/4/2025 WATER TESTING 575.00 575.00 Voucher: 140053
140054 8/19/2025 dat05 DATEL SYSTEMS INCORPORATED SI500028 8/11/2025 OUTDOOR HORN CS 1,402.88 1,402.88 Voucher: 140054
140055 8/19/2025 lee01 DCL ENTERPRISES INC DBA, LEE'S LOCK & SAFE 0000096571 7/29/2025 REPAIRS PHCC 1,139.94 1,139.94 Voucher: 140055
140056 8/19/2025 del06 DEL MAR AUTOMOTIVE SERVICE 50480 8/5/2025 VEH MAINT #75 PW 470.25 470.25 Voucher: 140056
140057 8/19/2025 lnc01 L.N. CURTIS & SONS INV976158 8/5/2025 FIRE HOSES 11,068.03 11,068.03 Voucher: 140057
140058 8/19/2025 ros18 ROSEN, ERIC 08112025 8/11/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140058
140059 8/19/2025 rus01 RUSTY DEL MAR 081625 8/18/2025 UNIFORMS CS 1,305.00 1,305.00 Voucher: 140059
140060 8/19/2025 san107 SAN DIEGO DIVERS 5877 8/5/2025 DIVE SUPPLIES - CS 65.61 Voucher: 140060 5901 8/7/2025 DIVE EQUIP MAINT CS 12.75 78.36 140061 8/19/2025 sdg02 SAN DIEGO GAS & ELECTRIC0066 5392 2766 7 8/6/2025 UTILITIES JUL 1,535.41 Voucher: 140061 0069 0908 1676 1 8/6/2025 UTILITIES JUL 404.87 0099 5222 5392 9 8/4/2025 UTILITIES JUL 18.41
0066 5491 5032 1 8/4/2025 UTILITIES JUL 13.37 1,972.06
140062 8/19/2025 sig12 SIGNA DIGITAL SOLUTIONS INC41614963 8/12/2025 COPIER CH AUG 812.64 812.64 Voucher: 140062
140063 8/19/2025 sou08 SOUTHWEST SIGNAL SERVICE84432 7/31/2025 TRAFFIC SIGNAL MAINT - JUL 490.42 Voucher: 140063 84433 7/31/2025 TRAFFIC SIGNAL REPAIRS 186.78 84434 7/31/2025 TRAFFIC SIGNAL REPAIR 127.15 804.35
Page: 3
19 September 8, 2025 Item 2
08/18/2025
Check List
City of Del Mar
4 3:19:49PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140064 8/19/2025 ter11 TERMINIX COMMERCIAL 462467624 8/5/2025 PEST CONTROL CS - AUG 128.26 Voucher: 140064 462469774 8/5/2025 PEST CONTROL LIBRARY - AUG 113.26 462467660 8/5/2025 PEST CONTROL PHCC - AUG 109.18
462468795 8/5/2025 PEST CONTROL CH - AUG 159.00 509.70
140065 8/19/2025 uli02 ULINE 196185618 8/4/2025 OPERATING SUPP PW 222.13 222.13 Voucher: 140065
140066 8/19/2025 und01 UNDERGROUND SERVICE ALERT 720250237 8/1/2025 UNDERGRND SRVCS - JUL 172.00 Voucher: 140066 25-260186 8/1/2025 CA STATE FEES - FY26 67.58 239.58 140067 8/19/2025 vev01 VEVAINA, LOREN 08112025 8/11/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140067
140068 8/19/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83416974 8/6/2025 JANITORIAL SUPPLIES 1,941.46 1,941.46 Voucher: 140068
Sub total for GENERAL ACCOUNT US BANK: 44,079.25
Page: 4
20 September 8, 2025 Item 2
08/18/2025
Check List
City of Del Mar
5 3:19:49PM
apChkLst Final Page:
37 checks in this report. Grand Total All Checks: 338,259.35 Page: 5
21 September 8, 2025 Item 2
08/21/2025
Check List
City of Del Mar
1 8:52:28AM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4152 8/22/2025 irs01 IRS, UNITED STATES TREASURY Ben181464 8/22/2025 FEDERAL TAX: PAYMENT 45,560.51 45,560.51 Voucher: 4152
4153 8/22/2025 per01 PERS Ben181466 8/22/2025 PERS CONTRIBUTIONS: PAYMENT 57,259.67 57,259.67 Voucher: 4153
4154 8/22/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben181468 8/22/2025 STATE TAX: PAYMENT 12,661.74 12,661.74 Voucher: 4154
4155 8/22/2025 per02 PERS 457 Ben181470 8/22/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,966.86 2,966.86 Voucher: 4155
4156 8/22/2025 ida01 IDAHO STATE TAX COMMISSIONBen181472 8/22/2025 IDAHO STATE TAX COMMISSION: PAYMENT 223.10 223.10 Voucher: 4156
Sub total for GENERAL ACCOUNT US BANK: 118,671.88
Page: 1
22 September 8, 2025 Item 2
08/21/2025
Check List
City of Del Mar
2 8:52:28AM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7119 8/22/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben181460 8/22/2025 401A PLAN: PAYMENT 555.16 555.16 Voucher: 7119
7120 8/22/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben181452 8/22/2025 MISSION SQUARE 457B: PAYMENT 10,377.79 10,377.79 Voucher: 7120
7121 8/22/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben181462 8/22/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 743.52 743.52 Voucher: 7121
7122 8/22/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben181454 8/22/2025 DMCEA DUES: PAYMENT 286.00 286.00 Voucher: 7122
7123 8/22/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben181458 8/22/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,672.86 1,672.86 Voucher: 7123
7124 8/22/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben181456 8/22/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 4,440.55 4,440.55 Voucher: 7124
Sub total for EFT GENERAL ACCOUNT US BANK: 18,075.88
Page: 2
23 September 8, 2025 Item 2
08/21/2025
Check List
City of Del Mar
3 8:52:28AM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 136,747.76 Page: 3
24 September 8, 2025 Item 2
08/27/2025
Check List
City of Del Mar
1 3:10:19PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7125 8/27/2025 ace02 ACE UNIFORMS LLC SD0235313 8/13/2025 UNIFORMS FIRE 398.65 398.65 Voucher: 7125
7126 8/27/2025 phi01 CLEAN EARTH 72404314181 4/25/2025 HSHLD HAZ WASTE OCT 191.48 Voucher: 7126 72404364638 8/5/2025 HSHLD HAZ WASTE JUL 114.70 306.18 7127 8/27/2025 coa21 COAST NEWS GROUP 00158267 8/15/2025 AD - JDB BLUFF BIDS 317.75 317.75 Voucher: 7127
7128 8/27/2025 del31 DELL MARKETING L.P., C/O DELL USA LP 10831920312 8/20/2025 NEW LAPTOP 869.88 869.88 Voucher: 7128
7129 8/27/2025 dix01 DIXIELINE LUMBER CO 06-0610869 8/15/2025 OPERATING SUPP CS 419.26 Voucher: 7129 06-0609602 8/7/2025 OPERATING SUPP PW 131.67 06-0601581 6/5/2025 TOOL/EQUIP FIRE 29.32
06-0607033 7/17/2025 OPERATING SUPP FIRE 7.62 587.87
7130 8/27/2025 hel04 HELIX ENVIRONMENTAL PLANNING 129169 7/25/2025 RIVER PATH EXT PHASE 3 JUL 550.00 550.00 Voucher: 7130
7131 8/27/2025 kle01 KLEINFELDER 1545713 8/8/2025 CDM BRIDGE JUL 37,576.06 37,576.06 Voucher: 7131
7132 8/27/2025 lif01 LIFE-ASSIST 1630526 8/21/2025 AMBULANCE SUPP FIRE 391.50 391.50 Voucher: 7132
7133 8/27/2025 nat21 NATIONWIDE MEDICAL/SURGICAL IN46557 7/28/2025 AMBULANCE SUPP FIRE 89.39 89.39 Voucher: 7133
7134 8/27/2025 pac28 PACIFIC MOBILE STRUCTURES INC INV-00472000 9/1/2025 MOBILE OFFICE PW SEP 246.75 246.75 Voucher: 7134
7135 8/27/2025 pru01 PRUDENTIAL OVERALL SUPPLY132329006 8/8/2025 UNIFORMS PW - 8/8 51.82 Voucher: 7135 132329004 8/8/2025 MATS PW - 8/8 15.47
132329005 8/8/2025 SHOP TOWELS PW - 8/8 4.41 71.70
7136 8/27/2025 san03 SAN DIEGO COUNTY WATER AUTH. 0725-2 8/11/2025 RAW WATER JUL 309,357.20 309,357.20 Voucher: 7136
7137 8/27/2025 bny01 THE BANK OF NY MELLON TRUST CO 034897 8/6/2025 OCEAN VIEW BOND PYMT 51,225.00 51,225.00 Voucher: 7137
7138 8/27/2025 uti01 UTILITY SPECIALISTS INC 30163 7/31/2025 UP - X1A CREST CNYN JUN 5,000.00 Voucher: 7138 30157 7/31/2025 UP - X1A CREST CNYN JUN 644.50 5,644.50 7139 8/27/2025 wex01 WEX BANK 0496-00-496745-1 8/23/2025 GAS & OIL CS 1,241.20 1,241.20 Voucher: 7139
Page: 1
25 September 8, 2025 Item 2
08/27/2025
Check List
City of Del Mar
2 3:10:19PM
apChkLst Final Page:
Sub total for EFT GENERAL ACCOUNT US BANK: 408,873.63
Page: 2
26 September 8, 2025 Item 2
08/27/2025
Check List
City of Del Mar
3 3:10:19PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140069 8/27/2025 adt02 ADT SECURITY SERVICES 1158571661 8/13/2025 ALARM 1700 COAST SEP/NOV 257.94 Voucher: 140069 1158573457 8/13/2025 ALARM PW SEP 132.98 390.92 140070 8/27/2025 bec10 BECK, LISA 08252025 8/25/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140070
140071 8/27/2025 cou65 COUNTY OF SAN DIEGO, DEPT OF ENVIRONMENTAL HEA DEH2016-FFPP-006917 7/17/2025 COUNTY PERMIT CH 842.00 842.00 Voucher: 140071
140072 8/27/2025 cou32 COUNTY OF SAN DIEGO, OFFICE OF EMERGENCY SERVI HIRT-2026-005 8/15/2024 HIRT MBRSHP FY26 22,585.00 Voucher: 140072 UDC-2026-004 8/15/2025 UDC MBRSHP FY26 786.50 23,371.50 140073 8/27/2025 cra15 CRAMER, SAEJIN 08252025 8/25/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140073
140074 8/27/2025 fer01 FERRELLGAS LP 1131019803 7/7/2025 PROPANE FIRE 177.14 177.14 Voucher: 140074
140075 8/27/2025 fir01 FIRE ETC. 2025-254 8/21/2025 FIRE STATS PROG JUL 125.00 125.00 Voucher: 140075
140076 8/27/2025 gor04 GORDY, RAINI 08192025 8/19/2025 CITATION REFUND 54.00 54.00 Voucher: 140076
140077 8/27/2025 gov04 GOVCONNECTION, INC. 76785163 8/21/2025 CISCO MERAKI ANNUAL SUBS 2,255.39 2,255.39 Voucher: 140077
140078 8/27/2025 gra35 GRANITE FINANCIAL SOLUTIONS, DBA GRANITE DATA SOLUTION IN100980-1 7/31/2025 DELL COMPUTERS 12,530.86 12,530.86 Voucher: 140078
140079 8/27/2025 int09 GREGORY CONLEY, DBA INTELLIDESIGN LLC 481 8/10/2025 SCADA MAINT JUL 143.11 143.11 Voucher: 140079
140080 8/27/2025 lie01 LIEBERT, CASSIDY WHITMORE302682 7/31/2025 LEGAL FEES JUL 3,793.50 3,793.50 Voucher: 140080
140081 8/27/2025 neo01 MEOMORPH, INC 08252025 8/25/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140081
140082 8/27/2025 mun12 MUNICIPAL RESOURCE GRP LLC 250829 8/12/2025 COACHING CLASS 5,875.00 5,875.00 Voucher: 140082
140083 8/27/2025 por10 PORTABLE STORAGE CORP 168253 8/20/2025 STORAGE CS SEP 176.00 176.00 Voucher: 140083
140084 8/27/2025 por05 PORTILLO CONCRETE INC 2505-2991-1 8/11/2025 ASPHALT REPAIRS 9,128.95 Voucher: 140084 2505-2991 7/31/2025 ASPHALT REPAIRS 50,870.97 59,999.92 140085 8/27/2025 rec01 RECON ENVIRONMENTAL INC71745 8/11/2025 STORM WTR/SEWER IMPVTS 728.75 728.75 Voucher: 140085
Page: 3
27 September 8, 2025 Item 2
08/27/2025
Check List
City of Del Mar
4 3:10:19PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140086 8/27/2025 san107 SAN DIEGO DIVERS 6047 8/21/2025 DIVE EQUIP MAINT/RPR CS 501.88 501.88 Voucher: 140086
140087 8/27/2025 sdg02 SAN DIEGO GAS & ELECTRIC0092 4576 5583 8 8/13/2025 UTILITIES JUL 153.12 Voucher: 140087 0096 3381 7034 7 6/6/2025 UTILITIES MAY 21.38 0096 3381 7034 7 5/8/2025 UTILITIES APR 20.88
0096 3381 7034 7 8/6/2025 UTILITIES JUL 20.13
0096 3381 7034 7 7/8/2025 UTILITIES JUN 19.84
0097 5436 8967 5 8/6/2025 UTILITIES JUL 19.60
0053 7739 5442 0 8/6/2025 UTILITIES JUL 19.60
0053 7739 5442 0 7/8/2025 UTILITIES JUN 19.53
0053 7739 5442 0 6/6/2025 UTILITIES MAY 18.56
0097 5436 8967 5 7/8/2025 UTILITIES JUN 18.45
0053 7739 5442 0 4/8/2025 UTILITIES APR 17.87
0097 5436 8967 5 6/6/2025 UTILITIES MAY 17.63
0097 5436 8967 5 5/8/2025 UTILITIES APR 17.45
0096 3381 7034 7 4/15/2025 UTILITIES MAR -60.53
0053 7739 5442 0 4/7/2025 UTILITIES MAR -63.57
0097 5436 8967 5 4/7/2025 UTILITIES MAR -64.19 195.75
140088 8/27/2025 sde01 SD ELECTRIC BIKE LLC, DBA SD ELECTRIC BIKE 2830 8/4/2025 ELECT BIKE REPAIR/MAINT 129.31 Voucher: 140088 2859 8/4/2025 ELECT BIKE REPAIR/MAINT 100.13 229.44 140089 8/27/2025 shi03 SHI INTERNATIONAL CORP B20003495 7/15/2025 MICROSOFT LICENSING 27,503.06 27,503.06 Voucher: 140089
140090 8/27/2025 sig12 SIGNA DIGITAL SOLUTIONS INC41391521 7/12/2025 COPIER CH JUL 812.64 Voucher: 140090 41622166 8/12/2025 COPIER PW AUG 138.74 951.38 140091 8/27/2025 sig07 SIGTRONICS CORPORATION156932 6/26/2025 HEADSETS FIRE 37.65 37.65 Voucher: 140091
140092 8/27/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 462604592 8/8/2025 PEST CONTROL PW - AUG 140.98 140.98 Voucher: 140092
140093 8/27/2025 the25 THE NATURE CONSERVANCY08182025 8/18/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140093
140094 8/27/2025 uli02 ULINE 196269517 8/6/2025 UNIFORMS PW 831.02 831.02 Voucher: 140094
Page: 4
28 September 8, 2025 Item 2
08/27/2025
Check List
City of Del Mar
5 3:10:19PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140095 8/27/2025 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-14104163 7/31/2025 PORTABLE RESTROOM -JUL 320.82 Voucher: 140095 114-14100707 7/24/2025 PORTABLE RESTROOM - JUL 265.25 114-14091911 7/8/2025 PORTABLE RESTROOM - JUL 6,697.80
114-14100705 7/24/2025 PORTABLE RESTROOM - JUL 1,450.85 114-14100708 7/24/2025 PORTABLE RESTROOM - JUL 565.25 9,299.97 140096 8/27/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83441059 8/15/2025 JANITORIAL SUPPLIES 2,488.73 Voucher: 140096 83430753 8/12/2025 JANITORIAL SUPPLIES 439.40 2,928.13 140097 8/27/2025 act03 WILLIAMS SCOTSMAN INC 9024377639 8/15/2025 MOBILE OFFICE PW SEP 156.12 156.12 Voucher: 140097
140098 8/27/2025 woo10 WOODY, LINDA 08192025 8/19/2025 PHCC EVENT REFUND 930.00 930.00 Voucher: 140098
Sub total for GENERAL ACCOUNT US BANK: 157,368.47
Page: 5
29 September 8, 2025 Item 2
08/27/2025
Check List
City of Del Mar
6 3:10:19PM
apChkLst Final Page:
45 checks in this report. Grand Total All Checks: 566,242.10 Page: 6
30 September 8, 2025 Item 2
08/28/2025
Check List
City of Del Mar
1 1:26:17PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7140 8/28/2025 lif06 GEN DIGITAL INC. 10010605119 8/15/2025 VOL LIFELOCK BENEFIT 135.92 135.92 Voucher: 7140
7141 8/28/2025 leg04 LEGALACCESSPLANS USA, CREDIT TO 1000178 1000178 8/1/2025 VOLUNTARY LEGALEASE INSURANCE: PAYMENT 143.60 143.60 Voucher: 7141
Sub total for EFT GENERAL ACCOUNT US BANK: 279.52
Page: 1
31 September 8, 2025 Item 2
08/28/2025
Check List
City of Del Mar
2 1:26:17PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8113 8/28/2025 hea02 HEALTH NET BFC29ASEP25 8/15/2025 HEALTH INS SEP 42,502.87 42,502.87 Voucher: 8113
8114 8/28/2025 kai01 KAISER PERMANENTE 475311843896 8/10/2025 HEALTH INS SEP 16,393.18 16,393.18 Voucher: 8114
8115 8/28/2025 mut01 MUTUAL OF OMAHA 001939492668 8/14/2025 AD&D LIFE B&D SEP 4,944.41 4,944.41 Voucher: 8115
8116 8/28/2025 pri11 PRINCIPAL FINANCIAL GROUP, PLIC-SBD GRAND ISLAND 1003938-10001SEP25 8/17/2025 DENTAL/VISION INS SEP 5,479.25 5,479.25 Voucher: 8116
8117 8/28/2025 sun11 SUN LIFE ASSURANCE CO, OF CANADA 915639-0001SEP258/15/2025 FF LIFE INS SEP 54.00 54.00 Voucher: 8117
140099 8/28/2025 cap01 CAPF CA PUBLIC SAFETY ADMIN Ben181450 8/22/2025 CAPF: PAYMENT 234.00 234.00 Voucher: 140099
Sub total for GENERAL ACCOUNT US BANK: 69,607.71
Page: 2
32 September 8, 2025 Item 2
08/28/2025
Check List
City of Del Mar
3 1:26:17PM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 69,887.23 Page: 3
33 September 8, 2025 Item 2
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Michael D’Aquila, Facilities Manager
Kseniia Izgarskaia, Senior Management Analyst
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: September 8, 2025
SUBJECT: First Amendment to Agreement with United Site Services of California, Inc., for Portable Restroom Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement (Agreement) between the City of Del Mar and United Site Services of California, Inc. (Attachment A) for Portable Restroom Services, extending the agreement term and amending the service fee schedule; and 2) Authorize the City Manager to execute the First Amendment.
DISCUSSION/ANALYSIS:
The City contracts for year-round portable restrooms at Shores Park, North Beach, and the 29th Street beach access. Additional portable restroom services are provided throughout the Beach Colony during summer holidays and special events. Providing portable restroom services helps promote public health, reduce the spread of bacteria and viruses, and increase public sanitation.
On November 1, 2022, the City entered into an Agreement with United Site Services of California, Inc. (Contractor) for portable restroom services for a three-year period, ending on November 1, 2025. Section 2.1 of the Agreement allows for a two-year extension to the Agreement upon approval of the parties and contingent upon satisfactory performance by the Contractor. During the term of the Agreement, the Contractor has provided quality portable restroom services and been responsive to the City’s needs.
The Agreement service fees remained unchanged during the initial three-year term. The Contractor has requested a one-time 5% fee increase for the remaining term of the extended Agreement to account for increasing labor and materials costs. 1 September 8, 2025 Item 4
City Council Agenda Report
First Amendment to Agreement for Portable Restroom Services September 8, 2025
Staff recommends approving the requested fee increase and extending the Agreement for a two-year period through November 1, 2027. The original Agreement with United Services Site Services of California, Inc. is included as Attachment B for reference.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. Costs for these services are approximately $30,000 annually, sufficient funds for which are included in the approved Fiscal Year 2025-2026 and 2026-2027 Operating and Capital Budgets.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not related to Council Goals and Priorities.
ATTACHMENTS:
Attachment A – First Amendment to Agreement with United Site Services of California, Inc. for Portable Restroom Services
Attachment B – Original Agreement with United Services Site Services of California, Inc. 2 September 8, 2025 Item 4
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR AND UNITED SITE SERVICES OF CALIFORNIA, INC.
FOR PORTABLE RESTROOM SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 2
nd day of November, 2025, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and United Site Services of California, Inc. (“Contractor”) (collectively “Parties”).
RECITALS
WHEREAS, on November 1, 2022, the City and Contractor entered into an Agreement (Agreement), by which the City and Contractor established the terms and conditions for providing portable restroom services a three-year period terminating November 1, 2025; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1; and WHEREAS, the Parties now desire to amend the fee schedule to include a 5% fee rate increase for the remaining term of the extended agreement, to account for increasing labor and materials costs; and
WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement and to provide for an increase to the fees for services.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
Section 1. Section 2.1 of the Agreement is amended as follows:
2. DURATION OF AGREEMENT
2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on November 1, 2022, and terminating November 1, 2027 (“Termination Date”) unless terminated earlier as set forth herein.
Section 2. Exhibit B to the Agreement (“Fee Schedule”) is hereby replaced by the new Exhibit B included with this First Amendment to provide for an increase to the fees for services and an additional contingency amount for unforeseen site conditions.
Section 3. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
ATTACHMENT A
3 September 8, 2025 Item 4
City of Del Mar
First Amendment to Portable Restroom Services Agreement
IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.
CITY OF DEL MAR,
a municipal corporation
By:
Ashley Jones, City Manager
UNITED SITE SERVICES OF
CALIFORNIA, INC.
By:
Jeff Dunlop, Vice President
ATTEST:
By:
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
By:
Leslie E. Devaney, City Attorney
4 September 8, 2025 Item 4
EXHIBIT “B”
FEE SCHEDULE
A. Regular Scheduled Services
Contractor shall receive compensation for regular scheduled restroom services according to the rates outlined in the table below. Quantities are estimated; payment will be based on actual quantities furnished, installed, or constructed.
Item
No.
Description Annual Quantity
(A)
Fee
(B)
Annual
Cost (A x
B)
1 Shores Park (225 9th Street): One (1) ADA Compliant restroom, serviced 2x per week One-Time Delivery Fee 1 $26.25 $26.25
Weekly Rental Fee 1 unit X 52 weeks = 52 $15.75 $819.00 Service Charge (Includes Labor) 2x per week X 52 weeks = 104
$26.25 $2,730.00
Item 1 Subtotal: $3,575.25
2 North Beach (near 3200 Camino del Mar): Two (2) standard restrooms and one (1) ADA Compliant restroom, serviced 5x per week
One-Time Delivery Fee 1 $78.75 $78.75
Weekly Rental Fee 3 units X 52 weeks = 156 $10.50 per STD $15.75 per ADA
$1,911.00
Service Charge (Includes Labor) 3 units X 5x per week
X 52 weeks = 780
$21.00 per STD
$26.25 per ADA
$17,745.00
Item 2 Subtotal: $19,656.00
3 Beach Access at End of 29th Street: One (1) ADA Compliant restroom, serviced 5x per week One-Time Delivery Fee 1 $26.25 $26.25
Rental Fee 1 unit X 52 weeks = 52 $15.75 $819.00
Service Charge 5x per week X 52 weeks =
260
$26.25 $6,825.00
Item 3 Subtotal: $7,670.25
Annual Grand Total: $30,901.25
Total annual cost for regular scheduled portable restroom services:
________Thirty Thousand, nine hundred one__________________________Dollars $19,734.75 $30,980.25 Thirty thousand nine hundred eighty and twenty-five 5 September 8, 2025 Item 4
and ___________twenty five______________________________________________ Cents B. Additional As-Needed Services
The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule. The Contractor shall provide and maintain emergency service response of the City’s facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays. Emergency Response Work shall be performed on a time and materials basis.
The City may also require units be delivered and services for special events and circumstances.
Contractor shall receive compensation for additional as-needed services according to the rates outlined in the table below. Quantities are estimated; payment will be based on actual quantities furnished, installed, or constructed.
Description Fee
One-Time Delivery Fee $75.00 per unit
Daily Rental Fee (Includes Containment Plan) STD: $65.00 ADA: $100.00
Service Charge per Occurrence (Includes Labor) $50.00
6 September 8, 2025 Item 4
AGREEMENT BETWEEN THE CITY OF DEL MAR
AND UNITED SITE SERVICES OF CALIFORNIA, INC.
FOR PORTABLE RESTROOM SERVICES
This Agreement (“Agreement”) is made and entered into this 1st day of November, 2022 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and United Site Services of California, Inc. (“Contractor”) (collectively “Parties”).
WHEREAS, the City desires to employ a qualified firm to provide rental, delivery, removal, and maintenance services to portable public restrooms on a scheduled basis (“Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Contractor is qualified based on their experience and ability and willingness to perform the services desired by City; and WHEREAS, Contractor will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. SERVICES.
1.1 Scope of Services. The Contractor shall perform the Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein.
Such services shall be provided at the direction of the City.
1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Contractor’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Contractor’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Contractor and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on November 1, 2022 and ending on November 1, 2025.
The agreement may be extended for an additional two (2) year period, upon written approval of both parties.
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay occasioned by causes beyond the control of Contractor may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Contractor shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Services when 7 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Contractor be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Contractor fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Contractor’s default, City may terminate this Agreement, without cause, by giving written notice to Contractor. Such termination shall be effective upon receipt of the written notice. Contractor shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Contractor shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Contractor to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Contractor shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Contractor shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” and incorporated herein. Contractor shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Contractor in advance. Contractor acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Contractor. Should such additional services be required, Compensation therefore shall be paid to the Contractor in accordance with Fee Schedule contained in Exhibit “B.” City and Contractor shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Contractor is, for all purposes arising out of this Agreement, an independent Contractor. The Contractor has and shall retain the right to exercise full control and supervision of all persons assisting the Contractor in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Contractor nor Contractor’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Contractor being solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Contractor agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance 8 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
shall be in accordance with the standards customarily adhered to by an experienced and competent Contractor using the degree of care and skill ordinarily exercised by reputable Contractors practicing in the same field of service in the State of California. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.
Additionally, Contractor and all of Contractor’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Contractor shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Contractor shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Contractor shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All services performed by Contractor, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Contractor, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Contractor, at the time that it was disclosed to Contractor by the City, (b) subsequently becomes publicly known through no act or omission of Contractor or (c) otherwise becomes known to Contractor other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Contractor or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Contractor shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code § 87103. Contractor represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Contractor shall comply with all of the reporting requirements of the Political Reform Act. The Contractor shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Contractor is subject to a conflict of interest code, if applicable. The Contractor shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Contractor was subject to a conflict of interest code. 9 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
9.3 If, in performing the Services set forth in this Agreement, the Contractor makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Contractor shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Contractor’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Contractor under this Agreement shall be considered the property of City. Contractor shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Contractor’s liabilities, including but not limited to Contractor’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Contractor shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Contractor's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Contractor's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Contractor shall provide an endorsement that the insurer waives the right of subrogation 10 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
against the City and its respective elected officials, officers, employees, agents and representatives.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Contractor and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Contractor agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Contractor, its employees, agents, and subcontractors performance of services under this Agreement. Contractor’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Contractor's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Contractor under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Contractor provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable. 11 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
12.3 Contractor agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Contractor, its officers, agents, representatives, employees, sub-Contractors, or anyone for whom Contractor is liable and that an adjudication of Contractor’s liability is not a condition precedent to Contractor's duty to defend.
13. SUBCONTRACTORS.
13.1 The Contractor’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Contractor and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Contractor shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Contractor.
13.3 In any dispute between the Contractor and its subcontractors, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Contractor agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Contractor:
City of Del Mar United Site Services of California, Inc.
City Clerk Jeff Dunlop, Vice President
1050 Camino del Mar 118 Flanders Rd.
Del Mar, CA 92014 Westborough, MA 01581
[email protected] [email protected]
12 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Contractor’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Contractor’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Contractor by City. The acceptance or use of any such equipment by Contractor, Contractor’s employees, or subcontractors shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Contractor shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Contractor shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Contractor to comply with any applicable Laws.
To the extent Contractor is required to comply with prevailing wage requirements, Contractor does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Contractor and any subcontractors ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected Contractors and Contractors to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any Contractor or Contractor, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONTRACTOR’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and Contractors that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no 13 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Contractor to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortuous conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
14 September 8, 2025 Item 4
15 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
EXHIBIT “A”
SCOPE OF SERVICES
A. General Description
1. The Contractor shall provide rental delivery, removal, and scheduled maintenance servicing of portable restrooms at City facilities and on-call during City special events and emergencies.
2. The Contractor shall provide and maintain emergency service response to portable restrooms placed at the facilities described in Section B on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.
3. The Contractor must possess, and have readily available in functioning order, all required tools, equipment, apparatus, facilities, and materials needed to perform all work necessary to maintain facilities in compliance with standards set by the City.
4. The Contractor shall be responsible for providing a safe work place, and complying with the standards and regulations set forth by the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards. Non-Compliance with standards and regulations may result in a deficiency or performance deduction.
5. The Contractor shall not represent the City in matters of policy or procedures under this contract nor make any reference to City policy or procedures. Contractor shall refer all questions or inquiries from the public regarding policy and procedures or terms and conditions of this contract to the City.
B. City Facilities
The facilities to be serviced are as follows:
1. Shores Park (225 9th Street)
Number and Type of Units: One (1) ADA compliant restroom Service frequency: 2 times per week (year-round)
2. North Beach (near 3200 Camino del Mar)
Number and Type of Units: Two (2) standard restrooms and one (1) ADA compliant restroom
Service frequency: 5 times per week (year-round)
3. Beach Access at End of 29th Street
Number and Type of Units: One (1) ADA compliant restroom Service frequency: 5 times per week (year-round)
C. Special Events and Other Circumstances
The City may also require units be delivered and services for special events and other circumstances. Cost proposal will include a per unit rental cost by day, as well as service costs of each unit based upon the agreed upon term.
16 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
D. Maintenance Requirements
1. Routine Maintenance
The Contractor shall provide a routine, comprehensive maintenance and cleaning of each unit in accordance with frequency schedule noted in Section B above. As part of the services, Contractor shall perform the following procedures each time a unit is serviced:
• Pump waste from tank
• Remove rocks or other debris from tanks (Disposal of rocks and debris off site is not required. Trash cans for disposal will be available nearby.) • Scrub all surfaces with the appropriate brushes and cleaning solutions • Clean and scrub floor of mud and other debris
• Scrub urinal inside and out
• Remove graffiti
• Add fresh water and anti-bacterial solution to the tank • Spray with deodorizer
• Replace of replenish toilet tissue
• Wipe off ledges above screen and door
• Complete or schedule needed repairs
• Schedule replacement of the unit if needed
• Confirm unit is in the proper place, is level and secure • Sign and date the service log sticker in each unit
If a unit is blocked and cannot be pumped, the Contractor shall perform the remaining procedures on the unit as outlined above and shall notify the City of Contractor’s inability to pump the unit and replace or repair the unit within three (3) calendar days.
The Contractor warrants that materials and equipment furnished will be of the best quality, that the units will be free from defects and deficiencies, and that the services will conform to the requirements of the Agreement. Services not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and replaced by Contractor at no cost to the City.
2. Emergency Response Work
The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule.
The Contractor shall provide and maintain emergency service response of the City’s facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.
3. Materials and Equipment
Contractor will provide all paper items, soaps, cleaning materials and other tools, equipment, apparatus, and materials needed to perform all work necessary. 17 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
4. Hours of Work
Unless otherwise specified, the work at the 29th Street and North Beach (3200 Camino del Mar) shall be performed on both Saturdays and Sundays, in addition to three other weekdays. Servicing shall be performed between 7:30 am to 6:00 pm.
Unless otherwise specified, the work at the Shores Park shall be performed on one weekday and one weekend day. Servicing shall be performed between 7:30 am to 6:00 pm.
5. Reporting Requirements
The Contractor shall provide computerized monthly activity report(s) to the City along with the written/emailed invoice for services performed. 18 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
EXHIBIT “B”
FEE SCHEDULE
A. Regular Scheduled Services
Contractor shall receive compensation for regular scheduled restroom services according to the rates outlined in the table below. Quantities are estimated; payment will be based on actual quantities furnished, installed, or constructed.
Item
No.
Description Annual Quantity
(A)
Fee
(B)
Annual
Cost (A x
B)
1 Shores Park (225 9th Street): One (1) ADA Compliant restroom, serviced 2x per week One-Time Delivery Fee 1 $25.00 $25.00
Weekly Rental Fee 1 unit X 52 weeks = 52 $15.00 $780.00 Service Charge (Includes Labor) 2x per week X 52 weeks
= 104
$25.00 $2,600.00
Item 1 Subtotal: $3,405.00
2 North Beach (near 3200 Camino del Mar): Two (2) standard restrooms and one (1) ADA Compliant restroom, serviced 5x per week
One-Time Delivery Fee 1 $75.00 $75.00
Weekly Rental Fee 3 units X 52 weeks = 156 $10.00 per STD $15.00 per ADA
$1,820.00
Service Charge (Includes Labor) 3 units X 5x per week
X 52 weeks = 780
$20.00 per STD
$25.00 per ADA
$16,900.00
Item 2 Subtotal: $18,795.00
3 Beach Access at End of 29th Street: One (1) ADA Compliant restroom, serviced 5x per week
One-Time Delivery Fee 1 $25.00 $25.00
Rental Fee 1 unit X 52 weeks = 52 $15.00 $780.00
Service Charge 5x per week X 52 weeks
= 260
$25.00 $6,500.00
Item 3 Subtotal: $7,305.00
Annual Grand Total: $29,505.00
Total annual cost for regular scheduled portable restroom services:
________Twenty Nine Thousand Five Hundred Five__________________________Dollars and ______Zero______________________________________________________ Cents 19 September 8, 2025 Item 4
United Site Services of California, Inc.
Agreement for Portable Restroom Services
B. Additional As-Needed Services
The City may request that the Contractor perform Emergency Response Work where a unit or unit(s) require service in advance of normal cleaning and maintenance schedule. The Contractor shall provide and maintain emergency service response of the City’s facilities on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.
Emergency Response Work shall be performed on a time and materials basis.
The City may also require units be delivered and services for special events and circumstances.
Contractor shall receive compensation for additional as-needed services according to the rates outlined in the table below. Quantities are estimated; payment will be based on actual quantities furnished, installed, or constructed.
Description Fee
One-Time Delivery Fee $75.00 per unit
Daily Rental Fee (Includes Containment Plan) STD: $65.00 ADA: $100.00
Service Charge per Occurrence (Includes Labor) $50.00
20 September 8, 2025 Item 4
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Marco Camacho, Finance Manager
Via Ashley Jones, City Manager
DATE: September 8, 2025
SUBJECT: Treasurer’s Investment Report for the Quarter Ended June 30, 2025 REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council receive and file the informational Treasurer’s Investment Report for the Quarter Ended June 30, 2025.
BACKGROUND:
The City contracted with Optimized Investment Partners in November 2024, to help improve the investment returns for the City and to ensure safety of principal and sufficient liquidity for operations in compliance with California Government Code. Ongoing portfolio management activity will continue to be performed and reported quarterly in partnership with Optimized Investment Partners, and the City’s Finance Manager and Finance Officer.
DISCUSSION/ANALYSIS:
The total cash and investment portfolio book value (cost) held by the City as of June 30, 2025, was $38,801,393 (Attachment A), which includes the following components:
Portfolio Assets Book Value
Managed Investment Portfolio $27,931,643
State of CA Local Agency Investment Fund (LAIF) $7,047,921 San Diego County Investment Pool $3,055,063
Cash/Time Deposits $609,495
Accrued Interest on Investments $157,271
Total $38,801,393
When reviewing the Investment Report, it should be noted that earned interest is the interest earned on investments over a specific period, accrued interest is the interest that an investment has earned, but hasn’t yet been received, and paid interest is the interest that has already been received as payment.
Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the City’s Investment Policy. 1 September 8, 2025 Item 5
City Council Agenda Report
Treasurer’s Investment Report for the Quarter Ended June 30, 2025 September 8, 2025
During the quarter, two new Certificates of Deposit were purchased in the amount of $488,000 and three new Federal Agency Bonds were purchased in the amount of $1,295,316. Note one additional Certificate of Deposit in the amount of $245,000 was purchased but has a settlement date of July 3, 2025, so it is not included in this quarter’s report. Two Certificates of Deposit matured in the amount of $485,000 and two U.S. Treasury Bills matured in the amount of $5,105,000.
Two-year Treasuries yielding 3.89% at the beginning of the quarter ended lower at the end of the quarter at 3.72%, which was a decrease of 17 basis points for the quarter.
As of June 30, 2025, the Weighted Yield to Maturity on the Managed Investment Portfolio was 3.72%, and the Weighted Average Maturity of the Managed Investment Portfolio was
2.19 years.
The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. On June 18, 2025, the FOMC voted to maintain the target range for the federal funds rate at 4.25 to 4.5%. The FOMC noted that while inflation remains somewhat elevated, the unemployment rate remains low and labor market conditions are strong. Recent indicators suggest that economic activity has continued to expand at a solid pace, and the FOMC stated further rate adjustments will depend on incoming data, economic outlook, and risk assessment.
Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda report.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.
NEXUS TO COUNCIL GOALS AND PRIORITIES:
On the list
ATTACHMENTS:
Attachment A – FY24-25 Q4 Treasurer’s Investment Report:
Summary of Cash and Investments as of June 30, 2025
Portfolio Summary and Key Statistics for the Quarter Ended June 30, 2025
Managed Investments Yield to Maturity as of June 30, 2025 2 September 8, 2025 Item 5
Par Value (1) Market Value (2) Book Value (3)
Cash & Investments Held by City
Investment Portfolio
Managed Investments
U.S. Bank Custodial Cash Account $ 3,959,676 $ 3,959,676 $ 3,959,676 10.25% U.S. Treasury Bill/ Note 16,427,000 16,194,744 16,055,538 41.55% Federal Agency Bond 2,254,000 2,249,253 2,246,428 5.81% Certificate of Deposit 5,670,000 5,623,654 5,670,000 14.67% Managed Investments Subtotal $ 28,310,676 $ 28,027,327 $ 27,931,643 72.28% Pooled Investments
State of CA Local Agency Investment Fund $ 7,047,921 $ 7,047,921 $ 7,047,921 18.24% County Investment Pool 3,055,063 3,055,063 3,055,063 7.91% Pooled Investments Subtotal $ 10,102,984 $ 10,102,984 $ 10,102,984 26.14% Investment Portfolio Subtotal $ 38,413,660 $ 38,130,311 $ 38,034,627 98.42% Cash/Time Deposits $ 609,495 $ 609,495 $ 609,495 1.58%
Funds Available for Investment $ 39,023,155 $ 38,739,806 $ 38,644,122 100.00% Accrued Interest $ 157,271 157,271 $ 157,271 $
Total Cash & Investments Held by City 39,180,426 $ 38,897,077 $ 38,801,393 $ Notes:
1. Par value is the principal amount of the investment on maturity.
2. Market values contained herein are received from sources we believe are reliable; however, we do not guarantee their accuracy.
3. Book value is par value of the security plus or minus any premium or discount on the security.
City of Del Mar
Summary of Cash and Investments for the Quarter Ended June 30, 2025 Portfolio Assets % of Portfolio
Attachment A
3 September 8, 2025 Item 5
*Note: Cash/time deposits not included in WYTM
Excludes Pooled Investments and U.S. Bank Custodial Cash Account Under 1 Year
Maturity Jun 2025 Mar 2025 Change Account Years 1 - 2 Years 3-Month 4.41% 4.32% 0.09% LAIF 0.68 2 - 3 Years
1-Year 3.96% 4.03% -0.07% SD County Investment Pool 1.20 3 - 4 Years 2-Year 3.72% 3.89% -0.17% 4 - 5 Years
3-Year 3.68% 3.89% -0.21% Total
5-Year 3.79% 3.96% -0.17%
10-Year 4.24% 4.23% 0.01%
Apr
May
Jun 2025 Jun 2024 Jun 2023 Jun 2022 Jun
3.72% 4.71% 4.87% 2.92% Total for Quarter
Note: Interest Earnings figures do not include capital gains or losses City of Del Mar
Investment Report for the Quarter Ended June 30, 2025
Investment Portfolio Summary and Key Statistics
Portfolio Key Statistics
PAR Value 38,413,660 $
Book Value (COST) $ 38,034,627
Market Value 38,130,311 $
Weighted Average Maturity (in years) 2.19
Weighted Yield to Maturity* 3.72%
Portfolio Maturity PAR Maturing % Maturing
U.S. Treasury Yields - Quarterly Comparison Avg Duration of LAIF & SD County Invest. Pool $ 25% 6,114,000 $ 21% 5,000,000
$ 14% 3,500,000
$ 18% 4,499,000
22%
100%
$ 5,238,000
$ 24,351,000
Interest Earnings FY 23-24 FY 24-25 Change
$ -
$ 115,959 115,959 $
$ 361,258 - $ 361,258 $
$ 126,914 126,914 $
2-Year U.S. Treasury Yield - Historical Data - $ 118,385 $ 118,385 $ $ -
41.55%
18.24%
14.67%
10.25%
7.91%
5.81%
1.58%
U.S. TREASURY BILL/NOTE 41.55%
STATE OF CA LOCAL AGENCY
INVESTMENT FUND 18.24%
CERTIFICATE OF DEPOSIT 14.67%
INVESTMENT CASH ACCOUNT 10.25%
COUNTY INVESTMENT POOL 7.91%
FEDERAL AGENCY BOND 5.81%
CASH/TIME DEPOSITS 1.58%
0%
5%
10%
15%
20%
25%
30%
Under 1
Year
1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
25%
21%
14%
18%
22%
Portfolio Maturity Distribution
4 September 8, 2025 Item 5
Note: Weighted Average will change when bond is purchased, sold or matured Annualized
PAR YTM Rate of Portfolio Weighted MATURITY
Security Description CUSIP AMOUNT (Yield to Maturity) Return Weighting YTM DATE Chartway FCU 16141BAK7 $ 200,000 5.250% 5.250% 0.82% 0.043% 8/1/2025 BMW Bank North America 05580AXF6 $ 249,000 0.500% 0.500% 1.02% 0.005% 9/25/2025 Texas Exchange Bank Crowley 88241TJN1 $ 225,000 0.600% 0.600% 0.92% 0.006% 11/25/2025 Trustone Financial Credit Union 89841MBZ9 $ 240,000 4.400% 4.400% 0.99% 0.043% 12/12/2025 BMO Harris Bank NA 05600XBY5 $ 200,000 0.550% 0.550% 0.82% 0.005% 2/18/2026 Bank United NA 066519QV4 $ 200,000 0.950% 0.950% 0.82% 0.008% 4/14/2026 Bank of America NA 06051XDT6 $ 200,000 5.000% 5.000% 0.82% 0.041% 5/22/2026 Goldman Sachs Bank 38150VUZ0 $ 240,000 5.050% 5.050% 0.99% 0.050% 6/11/2026 UBS Bank USA 90348JP61 $ 248,000 0.900% 0.900% 1.02% 0.009% 7/8/2026 Synchrony Bank Draper 87165FA38 $ 200,000 0.950% 0.950% 0.82% 0.008% 9/17/2026 M1 Bk MacKs Creek Mo 55316CDJ2 $ 67,000 4.050% 4.050% 0.28% 0.011% 9/24/2026 Bradesco Bk Coral Gables Bk 10421ABM8 $ 244,000 4.100% 4.100% 1.00% 0.041% 9/28/2026 Merrick Bk South Jordan Utah 59013K6K7 $ 249,000 4.050% 4.050% 1.02% 0.041% 9/28/2026 Hapo Community Credit Union 41138NAD0 $ 240,000 5.400% 5.400% 0.99% 0.053% 9/29/2026 State Bank of India New York 856285YH8 $ 248,000 1.150% 1.150% 1.02% 0.012% 10/29/2026 Austin Felco Fed Credit Union 052392EA1 $ 249,000 4.300% 4.300% 1.02% 0.044% 12/14/2026 Greenstate Cr Un Liberty 39573LCE6 $ 248,000 1.350% 1.350% 1.02% 0.014% 1/14/2027 American Express National Bank 02589ABQ4 $ 247,000 2.000% 2.000% 1.01% 0.020% 3/9/2027 Capital One Bank (USA) NA 14042TFJ1 $ 245,000 2.700% 2.700% 1.01% 0.027% 4/13/2027 Discover Bank 254673G83 $ 246,000 3.150% 3.150% 1.01% 0.032% 6/14/2027 Preferred Bank LA CA 740367QF7 $ 248,000 4.000% 4.000% 1.02% 0.041% 9/30/2027 Liberty First Credit Union 530520AK1 $ 200,000 4.700% 4.700% 0.82% 0.039% 8/7/2028 Somerset Tr Co Pa 835104CW8 $ 249,000 4.050% 4.050% 1.02% 0.041% 11/13/2028 MORGAN STANLEY 61690D7G7 61690D7G7 $ 244,000 4.300% 4.300% 1.00% 0.043% 7/1/2030 MORGAN STANLEY 61776NTM5 61776NTM5 $ 244,000 4.300% 4.300% 1.00% 0.043% 7/1/2030 $ 5,670,000.00 3.110% 3.110% 23.28% 0.720%
Annualized
PAR YTM Rate of Portfolio Weighted MATURITY
Security Description CUSIP AMOUNT (Yield to Maturity) Return Weighting YTM DATE U.S. Treasury Bill 912797NL7 $ 4,160,000 4.206% 4.206% 17.08% 0.719% 11/28/2025 U.S. Treasury Note 91282CHU8 $ 700,000 4.000% 4.000% 2.87% 0.115% 08/15/2026 U.S. Treasury Note 912828YQ7 $ 267,000 3.960% 3.960% 1.10% 0.043% 10/31/2026 U.S. Treasury Bill 91282CLY5 $ 250,000 4.230% 4.230% 1.03% 0.043% 11/30/2026 U.S. Treasury Note 91282CFB2 $ 1,000,000 3.920% 3.920% 4.11% 0.161% 07/31/2027 U.S. Treasury Note 91282CFH9 $ 1,000,000 3.930% 3.930% 4.11% 0.161% 08/31/2027 U.S. Treasury Note 91282CLQ2 $ 500,000 3.930% 3.930% 2.05% 0.081% 10/15/2027 U.S. Treasury Note 91282CHK0 $ 1,000,000 3.790% 3.790% 4.11% 0.156% 06/30/2028 U.S. Treasury Note 91282CHQ7 $ 1,000,000 3.790% 3.790% 4.11% 0.156% 07/31/2028 U.S. Treasury Note 91282CHX2 $ 800,000 3.790% 3.790% 3.29% 0.125% 08/31/2028 U.S. Treasury Note 91282CCY5 $ 1,000,000 3.790% 3.790% 4.11% 0.156% 09/30/2028 U.S. Treasury Note 91282CDF5 $ 250,000 3.840% 3.840% 1.03% 0.039% 10/31/2028 U.S. Treasury Note 91282CEV9 $ 1,000,000 3.810% 3.810% 4.11% 0.156% 06/30/2029 U.S. Treasury Note 91282CFC0 $ 1,000,000 3.810% 3.810% 4.11% 0.156% 07/31/2029 U.S. Treasury Note 91282CLK5 $ 1,000,000 3.810% 3.810% 4.11% 0.156% 08/31/2029 U.S. Treasury Note 91282CLN9 $ 1,000,000 3.820% 3.820% 4.11% 0.157% 09/30/2029 U.S. Treasury Note 91282CFT3 $ 500,000 3.830% 3.830% 2.05% 0.079% 10/31/2029 $ 16,427,000.00 3.897% 3.897% 67.46% 2.659%
Annualized
PAR YTM Rate of Portfolio Weighted MATURITY
Security Description CUSIP AMOUNT (Yield to Maturity) Return Weighting YTM DATE Federal Home Loan Mtg Corp 3134GWPT7 $ 200,000 0.600% 0.600% 0.82% 0.005% 8/19/2025 FEDERAL FARM CREDIT BKS 4.375 07/06/2026 3133EPPE9 $ 752,000 3.931% 3.931% 3.09% 0.121% 7/6/2026 FEDERAL FARM CREDIT BKS 0.600 08/18/2026 3133EL4F8 $ 300,000 3.910% 3.910% 1.23% 0.048% 8/18/2026 FAMCA 31424WWM0 $ 752,000 4.000% 4.000% 3.09% 0.124% 9/13/2027 FED FARM CREDIT 3133ETKQ9 3133ETKQ9 $ 250,000 3.780% 3.780% 1.03% 0.039% 6/10/2030 $ 2,254,000.00 3.244% 3.244% 9.26% 0.337%
Portfolio Weighted
PAR Weighting YTM
Grand Total Grand Total Grand Total
$ 24,351,000 100.00% 3.72%
As of June 30, 2025
GOVERNMENT AGENCIES (with U.S. BANK)
As of June 30, 2025
CITY OF DEL MAR
CERTIFICATE OF DEPOSITS (with U.S. BANK)
As of June 30, 2025
UNITED STATES TREASURY BILLS/NOTES (with U.S. BANK)
5 September 8, 2025 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: September 8, 2025
SUBJECT: Encroachment Permit 25-068 to Retain Existing Unpermitted Retaining Walls and to Extend an Existing Wall within the Public Right-of-Way at 610 Hoska Drive
Applicants: Tim and Jayne Haines
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt the attached Resolution (Attachment A) denying a Long-term Major Encroachment Permit (EP) 25-068 to retain an existing unpermitted retaining wall within the public right-of-way based on non-compliance with the Del Mar Municipal Code (DMMC) and City Council Policy 110 (Private Encroachments into City Rights-of-Way).
BACKGROUND:
On June 11, 2025, Code Enforcement Case No. CE25-106 was opened due to the construction of improvements on the property located at 610 Hoska Drive without required City permits. Through the review of that case, staff observed that an existing retaining wall on the south side of the property encroaches approximately 21 inches into the public right-of-way (ROW) with no record that the encroachment has been authorized by the City. To remedy the code violation and come into compliance, the Applicant has applied for an EP to retain the existing unpermitted wall and the applicable permits for the associated proposed improvements, or remove the unpermitted wall from the public rightof-way. 610 Hoska Drive has a single unit residence with driveway access from Hoska Drive, which is an improved City street with curbs. The surrounding properties are also developed with single-unit homes. This portion of Hoska Drive has a gradual downhill slope from the east to the west, and the dedicated right-of-way is 40 feet. However, the actual street is 30 feet wide since the north and south side of Hoska Drive has curbs. 1 September 8, 2025 Item 6
City Council Agenda Report
EP25-068 (610 Hoska Drive)
September 8, 2025
The Applicant submitted an EP application to retain the unpermitted wall and authorize the construction of a 4-foot-long extension of a wall on the east side of the entry walkway extending to the driveway apron. As shown in the drawings in Attachment B, the concrete wall on the west side of the entry walkway extends approximately 21 inches into the rightof-way and runs for approximately 22 feet along Hoska Drive. This wall varies from 15 inches to 33 inches in height due to the gradual slope of the right-of-way. In addition, it appears that this wall was modified throughout the construction process without obtaining permits. Photographs of the existing wall are included as Attachment C and a vicinity map depicting where the site is located is included as Attachment D.
The wall on the east side of the entry walkway is approximately 10 feet in length and extends approximately 21 inches into the right-of-way. This wall varies from 9 inches to 10 inches in height due to the gradual slope of the right-of-way. As part of the EP submittal, the Applicant requested to extend this wall by another 4 feet for continuity with the east wall. Previously, the wall along Hoska Drive had shrubs and gravel in front of it as shown in the February 2025 street view image in Attachment C; however, those were removed as part of the unpermitted improvements occurring at the property. Additionally, near the southwest corner of the property is an existing cement tree ring wall that is also unpermitted. The applicant is also requesting refinishing the existing concrete wall by adding a concrete cap and stucco finish.
DISCUSSION/ANALYSIS:
In accordance with DMMC §23.28.020, a Long-term Major EP is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and includes, but is not limited to, structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12-inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, and curbs extending 12-inches or more in height above the adjacent grade.
Required Findings
Pursuant to DMMC §23.28.070, there are six (6) required findings to approve a Longterm Major EP that generally relate to public safety, intended use of the right-of-way, community character, aesthetics, and conversion of public land for private use. An EP shall only be approved if the City Council can make all six findings:
Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.
Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics. 2 September 8, 2025 Item 6
City Council Agenda Report
EP25-068 (610 Hoska Drive)
September 8, 2025
Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.
Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.
Finding 6: The proposed Encroachment will not convert significant area of public property to private use.
Staff has determined that findings 1, 3, 4, and 6 cited above could be made to allow the existing encroachments. However, retaining the existing encroachments and proposing the extension of the wall on the east side of the entry walkway will unreasonably interfere with the intended use of the City right-of-way and be a detriment of the interests of the general public. It is standard City practice to require a minimum five (5) foot clearance from the edge of the paved street and/or curb (if one exists) to allow for parked vehicles to have room to open passenger side doors and for pedestrians to have safe area to exit the paved street when needed to avoid passing vehicles. In this scenario, the wall encroaches 21 inches into the right-of-way leaving approximately 39 inches of “clear” area from the back of curb. In addition, should the City want to widen the street in the future, the encroaching wall would be a limiting factor. For these reasons, findings 2 and 5 cannot be made.
Additionally, allowing the existing modified wall to remain, extending the wall on the east side of the entry walkway, and retaining the tree ring wall would be inconsistent with City Council Policy 110 (Attachment E), which states “Encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the Community.” The applicant has not identified any public benefits that would result in allowing the wall encroachment in the public right-of-way.
Furthermore, while the wall acts as a retaining wall since the front yard sits at a slightly higher elevation than the street, the wall can be relocated on the Applicant’s property to retain the soil and provide the dedicated width of the right-of-way.
Given the proposed project’s non-compliance with the DMMC and City Council Policy 110, staff recommends that the EP application be denied.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the Council related to this agenda item, as this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.
3 September 8, 2025 Item 6
City Council Agenda Report
EP25-068 (610 Hoska Drive)
September 8, 2025
ENVIRONMENTAL IMPACT:
In accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is statutorily exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270(a). Therefore, environmental review would not be required for the proposed encroachment permit.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Resolution Denying EP25-068
Attachment B – Drawings Plan
Attachment C – Photographs of Encroachments
Attachment D – Vicinity Map
Attachment E – City Council Policy 110
4 September 8, 2025 Item 6
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT 25-068
REQUESTING TO RETAIN AN EXISTING RETAINING WALLS
AND AUTHORIZATION TO CONSTRUCT AN EXTENSION OF
THESE WALLS INTO THE PUBLIC RIGHT-OF-WAY ON THE
SOUTH SIDE OF THE PROPERTY AT 610 HOSKA DRIVE (APN:
300-251-25-00) IN DEL MAR, CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the public right-of-way; and WHEREAS, Tim and Jayne Haines (Applicant) have filed an application for an Encroachment Permit (EP25-068) seeking approval to retain existing walls and construct an extension to a wall located within the public right-of-way (Project); and WHEREAS, the property does not have an approved Encroachment Permit for the existing retaining wall within the right-of-way on the south side of the property; and WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within the public right-of-way; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all the findings set forth in Section 23.28.070(C) as noted in the below; and
WHEREAS, City Council Policy 110-Private Encroachments into City Rights-of-Way memorializes the City Council’s position on which types of private encroachments are compatible with and enhance the public areas that City rights-of way represent and, conversely, which types of encroachments are inappropriate because they would change the character and public perception of a right-of-way area to one of being under private ownership and/or benefit rather than being a public space; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is statutorily exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270(a).
Therefore, environmental review would not be required; and WHEREAS, on September 8, 2025, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Drawings developed by the Applicant;
Attachment A 5 September 8, 2025 Item 6
Resolution 2025-XX
b. Written information submitted with the application;
c. Agenda Report, dated September 8, 2025, incorporated by reference as though fully set forth herein; and
d. Additional information submitted and testimony provided during the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP25-068 is hereby denied based on the following findings in DMMC Section 23.28.070 (C):
1. DMMC Section 23.28.070(C) requires the City Council to make all six findings in this section, which include 23.28.070(C)(2), “That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement”, and 23.28.070(C)(5), “That the issuance of the EP will not be to the detriment of the interests of the general public.” Retaining the existing encroachments and proposing the extension of the easterly wall will unreasonably interfere with the intended use of the City right-of-way and be a detriment of the interests of the general public. For City streets that have streetside curbs, the City’s standard practice is to ensure there is a minimum five (5) foot clearance to allow for parked vehicles to have room to open passenger side doors. In this scenario, the wall encroaches 21 inches into the right-of-way therefore, only leaving approximately 39 inches from the curb. In addition, should the City want to widen the street in the future, the encroaching wall would be a limiting factor.
2. Additionally, retaining the existing wall and extending the wall on the east side of the entry walkway would be inconsistent with City Council Policy 110, which states “Encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the Community.”
3. The applicant has not identified any public benefits that would result by allowing the wall to be encroached in the public right-of-way. Furthermore, while the wall acts as a retaining wall since the front yard sits at a slightly higher elevation than the street, the wall can be pushed back to within the applicant’s property to retain the soil and provide the dedicated width of the right-of-way.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that EP25- 068 is denied.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 8th day of September 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
Attachment A 6 September 8, 2025 Item 6
Resolution 2025-XX
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 8th day of September 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 7 September 8, 2025 Item 6
Attachment B 8 September 8, 2025 Item 6
33”
26”
39”
Propose to add 4’ to wall
Attachment C 9 September 8, 2025 Item 6
39” from wall to curb
February 2025 street view
depicting previous condition
Attachment C 10 September 8, 2025 Item 6
610 Hoska Dr. Vicinity Map
Attachment D 11 September 8, 2025 Item 6
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
110 PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY
DATE ADOPTED: 10/19/15
BY RESOLUTION: 2015-67
PAGES: 1 OF 2
POLICY
This policy memorializes the City Council’s position on which types of private encroachments are compatible with and enhance the public areas that City rights-of-way represent and, conversely, which types of encroachments are inappropriate because they would change the character and perception of a right-of-way area to one of being under private ownership and/or benefit rather than being a public space.
Appropriate Uses of City Rights-of-Way or Easements
There are numerous circumstances in Del Mar where an improved (paved) section of a City right-of-way is narrower that the width of the right-of-way itself. This results in an area of unimproved right-of-way adjacent to private property. In many cases, the owner of the adjacent property, or designee, proposes to install landscaping and other landscape-related improvements in the unimproved portion of the right-of-way. This has the beneficial effect of beautifying the area adjacent to the paved roadway, without the City having to bear the costs for installing or maintaining the improvements. These are generally considered to be an appropriate use of a right-of-way but still subject to review under the Encroachment Permit process.
There are also circumstances where an encroachment is proposed as a means to provide a driveway or entry path across the unimproved right-of-way between the paved section of the right-of-way and the adjacent private property. These too are deemed an appropriate and justifiable use of a City right-of-way or easement. Such proposals are generally approved, unless it is determined that the proposed encroachment would:
1. Present a public health or safety hazard, such as:
a) Creating a trip hazard or other impediment to pedestrians b) Creating an unsafe line of sight for pedestrians or motorists c) Interfering with or not accommodating safe pedestrian passage (retention/provision of a continuous, minimum five-foot-wide “safe harbor” along the edge of the paved roadway is the standard applied by the City);
2. Result in a loss of on-street public parking;
3. Be inconsistent with the City’s planned use for the area;
4. Result in a wholesale change in appearance or use of the area, to the detriment of the community;
5. Interfere with development or use on an adjacent public or private property;
6. Result in a permanent feature (e.g., stone wall or reinforced structure) that would be difficult to remove if the City exercises its right to modify the use of the area subject to the Encroachment Permit
Attachment E 12 September 8, 2025 Item 6
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
110 PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY
DATE ADOPTED: 10/19/15
BY RESOLUTION: 2015-67
PAGES: 2 OF 2
Inappropriate Proposals for Use of a Right-of-Way or Easement It is the City’s policy that proposals for development encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the community.
Examples of such inappropriate encroachments include: fences, hedges, or vegetation that would create the impression that the “walled-off” area is private vs. public property; and pools, spa or other amenities that would be used primarily for the benefit of the adjacent property, rather than for the public at large.
Attachment E 13 September 8, 2025 Item 6
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Nicole Morrow, AICP, Associate Planner
Isam Hasenin, Contract Building Official
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: September 8, 2025
SUBJECT: Introduction of an Ordinance to Adopt the 2025 California Building Standards Code and Local Amendments within Chapters 23.12 and 23.70 of the Del Mar Municipal Code
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 23.12 to adopt the 2025 Edition of the California Building Standards Code, adopt the California Wildland-Urban Interface Code, amend Chapters 23.12 and 23.70 to reflect local amendments to the 2025 California Building Standards Code, and continue to apply various locally adopted amendments thereto as necessary to reflect Del Mar’s unique characteristics and approach to design and development review.
BACKGROUND
The City of Del Mar, through its Building Services Division, reviews development projects to ensure that new construction does not pose a threat to public health and safety. As a basis for review, the City relies on the regulations contained in the California Building Standards Code. On July 1, 2025, the State published the new 2025 Edition of the California Building Standards Code. The updated codes were prepared with amendments based on updates from the International Code Council, International Association of Plumbing and Mechanical Officials, and the National Fire Protection Association intended to further improve public health and safety standards.
In addition to the updates made to the California Building Standards Code, the State published the new Part 7 California Wildland-Urban Interface Code (CWUIC). The CWUIC was prepared as a consolidated code manual that combines existing standards from Chapter 7A of the California Building Code, Section R337 of the California Residential Code, and Chapter 49 of the California Fire Code into the code format used 1 September 8, 2025 Item 7
City Council Agenda Report
Adoption of the 2025 California Building Standards Code and Local Amendments September 8, 2025
by the International Code Council. The consolidation of the Codes was intended to make fire standards more accessible to code users.
The State of California regularly updates its Building Standards Code to incorporate updated safety standards. The 2025 Edition of the California Building Standards Code is the product of the State’s regular triennial update cycle. In October 2022, the City Council last adopted the 2022 Edition of the California Building Standards Code, which took effect on January 1, 2023.
The 2025 Edition of the California Building Standards Code will take effect statewide on January 1, 2026. Due to the chaptering of Assembly Bill 130 earlier this year, a moratorium prohibiting amendments to a local jurisdiction’s building standards will begin on October 1, 2025, and will be effective through June 1, 2031. Once the moratorium takes effect a jurisdiction will only be allowed to amend its Building Standards under specified conditions and with the approval of the California Building Standards Commission.
The State’s Building Standards Codes are intended to serve as the minimum enforceable standards for construction. In conjunction with the adoption of the State code, local jurisdictions may adopt more stringent safety and design standards that reflect their community’s unique circumstances. A jurisdiction may also re-adopt those amendments from previous years that are still applicable. In previous years, the City of Del Mar has opted to adopt amendments such as those which regulate allowable roofing materials, requiring building permits for all fences, as well as narrowing the building permit exemption for one-story detached accessory structures from the State code exemption of 120 square feet or less to structures that are 48 square feet or less.
Local jurisdictions are required to adopt the updated State codes through the Ordinance process. The City adopts and incorporates these State code regulations into the DMMC Title 23 Building and Construction regulations. Since these regulations are not a part of the DMMC Title 30 Zoning Code or certified Local Coastal Program, the City Council has authority over the final action. There is no requirement for a Planning Commission recommendation or review by the California Coastal Commission.
DISCUSSION/ANALYSIS:
The City Council is being asked to introduce an Ordinance to adopt the 2025 Edition of the California Building Standards Code that includes code sections related to building, electrical, fire, plumbing, mechanical, energy, residential, and green building standards.
The purpose of this Ordinance is to amend the City’s municipal code to ensure consistency and State-mandated compliance with the California Building Standards Code.
The proposed Ordinance also includes language related to the City’s locally adopted amendments. Previously, the City adopted local amendments to codify standards that 2 September 8, 2025 Item 7
City Council Agenda Report
Adoption of the 2025 California Building Standards Code and Local Amendments September 8, 2025
reflect Del Mar’s unique characteristics and approach to design and development review.
Following the update to the 2025 California Building Standards Code, some of the language included within the local amendments is no longer consistent with the model code text. To amend the local amendments for consistency with the model code text, the Ordinance will repeal all former local amendments and replace the code sections with amendments that accurately reflect the updated text of the 2025 California Building Standards Code.
For example, the model code language represented in Section 23.12.062 of the DMMC was amended by the State to include language that defers to the CWUIC for additional regulations for accessory structures such as tool and storage sheds. The replaced language will not change the intent or standards of the existing local amendments. Each of the local amendments contain a State required justification (finding) statement. The justification must be based on local geological, climatic, topographical, or environmental conditions that warrant the need to deviate from the requirements of the State code.
In addition to the existing locally adopted amendments, staff recommends two new local amendments to the 2025 Edition of the California Building Standards Code. The purpose of these amendments is to increase the safety of swimming pool design to prevent accidental access and to clarify the City’s procedure for determining compliance with the Waste Management Program (WMP).
1) The first amendment proposed is the addition of Section 23.12.067 that will adopt Appendix CI of the 2025 California Residential Code. The adoption of this model code will incorporate required standards related to the Swimming Pool Safety Act. Standards included in this appendix relate to enclosure, pool alarm, and suction and pump systems requirements for swimming pools located on a single-family residential property. This amendment is intended to increase the safety of private swimming pools by reducing the likelihood of accidental access to the pool or pool equipment. 2) The second proposed amendment is the addition of text to Chapter 23.70 of the DMMC that governs Construction and Demolition Debris Recycling.
The proposed amendment clarifies the type of documentation required by the City’s Building Inspector to demonstrate compliance with the City’s Waste Management Program for construction and demolition (C&D) waste.
As a requirement of the California Green Building Code (CalGreen), the City requires that at least 65% of C&D waste from qualifying projects is disposed of at a facility certified to process C&D waste. This amendment does not create new requirements, rather it codifies existing procedures and will assist staff in collecting the type of documentation necessary to demonstrate that the City is adequately enforcing the State-mandated recycling of construction materials.
3 September 8, 2025 Item 7
City Council Agenda Report
Adoption of the 2025 California Building Standards Code and Local Amendments September 8, 2025
The table below lists all local amendments, existing and proposed, and summarizes the status of each. A summary of the proposed text changes from the existing code to the proposed Ordinance is provided in Attachment B. A strikeout version of the existing DMMC Chapter 23.12 is included in Attachment C.
Summary of Local Amendments (Existing and Proposed)
Type DMMC
Section Proposed Change Purpose
Existing Amendment 23.12.011 Modification Amend title
Existing Amendment 23.12.012 Modification Amend title
Existing Amendment 23.12.013 Modification Amend text/title for consistency with 2025 Code
Existing Amendment 23.12.014 Modification Amend text/title for consistency with 2025 Code
Existing Amendment 23.12.018 Deletion Delete outdated appendices Existing Amendment 23.12.061 Modification Amend title
Existing Amendment 23.12.062 Modification Amend text/title for consistency with 2025 Code
Existing Amendment 23.12.063 Modification Amend text/title for consistency with 2025 Code
Existing Amendment 23.12.064 Modification Amend text/title for consistency with 2025 Code
Existing Amendment 23.12.065 Modification Amend title/numbering for consistency with 2025 Code
Existing Amendment 23.12.066 Modification Amend title/numbering for consistency with 2025 Code
Proposed Amendment 23.12.067 Adoption Adopt updated appendices Existing Amendment 23.12.082 Deletion Delete “reserved” section Existing Amendment 23.12.084 Deletion Delete “reserved” section Proposed Amendment 23.70.050 Modification
Clarify existing requirements by
specifying what is required to
determine compliance with WMP
If adopted by the City Council, the Ordinance must be filed with the California Building Standards Commission to become effective in accordance with California Health and Safety Code Section 17958.7(a). As confirmed by Stoyan Bumbalov, Executive Director of the California Building Standards Commission, filings of local amendments by September 30, 2025, will be accepted by the Commission in accordance with the laws in place prior to the moratorium which begins on October 1, 2025. Additionally, although the Ordinance will take effect 30 days from adoption by the City Council, the regulations do not become operative until January 1, 2026, consistent with the effective date of the 2025 Edition of the California Building Standards Code.
4 September 8, 2025 Item 7
City Council Agenda Report
Adoption of the 2025 California Building Standards Code and Local Amendments September 8, 2025
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item. The review of a development’s conformance with the applicable building codes is processed through a separate review of development applications and building permits.
As part of that process, the City applies fee charges to recover a portion of the administrative costs incurred to provide such reviews. No changes are proposed for the existing City’s fee schedule for issuance of Building Division related permits.
ENVIRONMENTAL IMPACT:
This project is not subject to the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). It can be seen with certainty that the adoption of the State-mandated Building Codes with minor amendments will not have a significant effect on the environment.
HOUSING IMPACT:
Local adoption of the updated State-mandated building-related regulations will facilitate development of housing that complies with the minimum public health and safety standards as well as additional standards to reflect Del Mar’s unique characteristics and approach to design and development review.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Updating the DMMC to adopt the California Building Codes by reference and incorporate local modifications is a Tier 1 priority for Fiscal Year 2025-26.
ATTACHMENTS:
Attachment A – Ordinance to Amend DMMC Chapters 23.12 and 23.70 Attachment B – Summary of the 2025 California Building Standards Amendments Attachment C – Strikeout of Existing DMMC Chapters 23.12 and 23.70 5 September 8, 2025 Item 7
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE
CHAPTER 23.12 (CALIFORNIA CODES FOR CONSTRUCTION)
BY AMENDING SECTIONS 23.12.010, 23.12.011, 23.12.012,
23.12.013, 23.12.014, 23.12.020, 23.12.030, 23.12.040,
23.12.050, 23.12.060, 23.12.061, 23.12.062, 23.12.063,
23.12.064, 23.12.065, 23.12.066, 23.12.070, 23.12.080 AND
23.12.090, 23.70.050; BY ADDING NEW SECTIONS 23.12.067
AND 23.12.100; BY ADDING NEW DIVISIONS, DIVISION 8,
DIVISION 9 AND DIVISION 10; AND BY DELETING SECTIONS
23.12.018, 23.12.082, 23.12.084 AND ALL RELATING TO
APPLICABILITY OF THE 2025 CALIFORNIA BUILDING
STANDARDS CODE AND ASSOCIATED NATIONAL AND STATE
BUILDING AND CONSTRUCTION CODES WITHIN THE CITY OF
DEL MAR
WHEREAS, the Ordinance updates locally adopted building and construction codes (last updated in 2022) to incorporate the 2025 California Building Standards Code and associated National and State codes with minor modifications to reflect local conditions; and
WHEREAS, the 2025 California Building Standards Code is based on the 2024 editions of the International Building Code, Uniform Plumbing Code, and Uniform Mechanical Code; 2023 edition of the National Electrical Code; 2025 California Energy Code; 2025 California Residential Code; 2025 California Green Building Code; 2025 California Administrative Code; 2025 California Reference Standards Code and 2025 California Wildland-Urban Interface Code; and
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and
WHEREAS, California Health and Safety Code section 17958 permits local jurisdictions to make such changes or modifications to the California Building Standards Codes as are necessary due to local climatic, geological or topographical conditions; and WHEREAS, on August 29, 2025, the notice of City Council public hearing was published in the Coast News; and
WHEREAS, on September 8, 2025, the City Council held a duly noticed public hearing for introduction of the Ordinance; and
6 September 8, 2025 Item 7
Ordinance No. XXXX
WHEREAS, the City Council finds that the minor modifications and changes to the California Building Standards Code are reasonably necessary to ensure consistent application of the codes throughout the State; and
WHEREAS, the proposed amendments do not constitute an amendment to the City’s certified Local Coastal Program, which means that the final decision on the ordinance will be made by the Del Mar City Council.
NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:
SECTION ONE:
That Section 23.12.010 Chapter 23.12 Division 1 (Building Code) of the Municipal Code is amended to read as follows:
23.12.010 - Adoption of the 2025 California Building Code, Part 2, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Building Code for the purpose of prescribing regulations in the City of Del Mar for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2025 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Building Code, 2024 Edition. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Del Mar shall be in conformance with the 2025 California Building Code and the adopted Appendix Chapters, published by the California Building Standards Commission.
SECTION TWO:
That the title of Section 23.12.011 of Chapter 23.12 Division 1 (Building Code) is amended to read as follows
23.12.011 - Local Adoption of Amendments to the California Building Code.
Section 101.1 Title shall be amended as follows, "These regulations shall be known as the Building Code of the City of Del Mar, hereinafter referred to as "this code."" SECTION THREE:
7 September 8, 2025 Item 7
Ordinance No. XXXX
That the title of Section 23.12.012 of Chapter 23.12 Division 1 (Building Code), is amended to read as follows:
23.12.012 - Local Amendment to Section 105.1 of the California Building Code.
Local amendments to Section 105.1 (Required) to require permits for repaving and restriping by adding the following statement at the end of Section 105.1 - Required:
"A building permit is required for repaving and/or re-striping of all parking lots serving commercial, office, multi-family and hotel buildings and structures. Re-striping shall meet the current edition of the CBC."
Finding and Justification:
That the City of Del Mar, due to its unique local topographic conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, and to ensure continued access for people with disabilities necessitates that building permit be required for re-striping of parking lots serving commercial, office, multi-family and hotel buildings and structures.
SECTION FOUR:
That Section 23.12.013 of Chapter 23.12 Division 1 (Building Code), is amended to read as follows:
Section 23.12.013 - Local Amendment to Section 105.2 of the California Building Code.
Local amendments to Section 105.2 (Work exempt from a Building Permit) are as follows:
1. Modifies California Building Code Section 105.2 - 1. as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed than 48 square feet (4.46 square meters). It is permissible that these structures still be regulated by Part 7 California Wildland Urban-Interface Code, despite exemption from permit.
2. Modifies California Building Code Section 105.2 - 2. as follows: Fences not over 12 inches (305 mm) high.
3. Modifies California Building Code Section 105.2 - 4. as follows: Retaining walls that are not over 12 inches (305 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
4. Modifies California Building Code Section 105.2 - 6. by adding the following exemption at the end of item 6: "Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible 8 September 8, 2025 Item 7
Ordinance No. XXXX
route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy)."
Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.
Finding and Justification:
That the City of Del Mar, due to its unique local topographic and geological conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, the higher risk of slope failures and landslides, the need to ensure incorporation of clean water design standards, and the unusually small size of residential lots, necessitate that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard.
SECTION FIVE:
That Section 23.12.014 of Chapter 23.12 Division 1 (Building Code), is amended to read as follows:
23.12.014 - Local Amendment to Section 1505.1 of the California Building Code.
Local amendments to Section 1505.1 (General) and Table 1505.1 (Minimum Roof Assembly Classification for Types of Construction) are as follows:
1505.1 General. Fire classification of roof assemblies shall be in accordance with Section 1505. The minimum fire classification of roof assemblies installed on buildings shall comply with Table 1505.1 based on type of construction of the building. Class A roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790.
No wood shake or shingle products are permitted to be installed on the roof of any Occupancy Group.
Class A Roof-Covering shall not be required for roof repair where the proposed improvements are at or below 10% of the total roof area. This exemption shall be allowed for only one repair of 10% or less. Subsequent roof repairs shall be required to meet the standards set forth in Section 1503 of the California Building Code.
For re-roofing of existing residential buildings, the Class A Roofing Assembly may be limited to the part of the assembly specified from the sheathing upward, provided the existing sheathing is solid with a minimum thickness of 3/8". Where spaced sheathing currently exists, it shall be replaced or covered with sheathing of a thickness required for a Class A assembly.
9 September 8, 2025 Item 7
Ordinance No. XXXX
Roofing shall be secured or fastened to support the roof construction and shall provide weather protection for the building at the roof.
TABLE 1505.1
MINIMUM ROOF ASSEMBLY CLASSIFICATION
FOR TYPE OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A A A A
Local amendments to Section 1505.1.2 (Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI)). are as follows:
1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than 10 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A fire classification.
Finding and Justification:
That the City of Del Mar has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these topographic and climatic conditions necessitate greater fire protection than that provided by the 2022 California Building Code. Therefore, this chapter alters the 2025 California Building Code, to require Class A fire retardant roof coverings throughout the city.
SECTION SIX:
That Section 23.12.018 of Chapter 23.12 Division 1 (Building Code) is removed to repeal a reference to outdated appendices.
SECTION SEVEN:
That Section 23.12.020 of Chapter 23.12 Division 2 (Electrical Code) be amended to read as follows:
23.12.020 - Adoption of the 2025 California Electrical Code Part 3, Title 24 of the California Code of Regulations.
10 September 8, 2025 Item 7
Ordinance No. XXXX
There is adopted and incorporated by reference herein as the city electrical code for the purpose of prescribing regulations in the city of Del Mar for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 2025 California Electrical, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code based on the National Electrical Code, 2023 Edition.
Except as otherwise provided by this Chapter other parts of the City of Del Mar Municipal Code, all installation, alteration, or repair of electrical systems within the City of Del Mar shall be in conformance with the 2025 California Electrical Code published by the California Building Standards Commission.
SECTION EIGHT:
That Section 23.12.030 of Chapter 23.12 Division 3 (Plumbing Code) be amended to read as follows:
23.12.030 - Adoption of the 2025 California Plumbing Code. Part 5. Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2025 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Del Mar shall be in conformance with 2025 California Plumbing Code, published by the California Building Standards Commission.
SECTION NINE:
That Section 23.12.040 of Chapter 23.12 Division 4 (Mechanical Code) be amended to read as follows:
23.12.040 - Adoption of the 2025 California Mechanical Code. Part 4. Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Del Mar for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heatproducing appliances, the 2025 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as 11 September 8, 2025 Item 7
Ordinance No. XXXX
otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances shall be in conformance with California State Building Standards Code and any rules and regulations promulgated pursuant thereto, published by the California Buildings Standards Commission.
SECTION TEN:
That Section 23.12.050 of Chapter 23.12 Division 5 (Energy Code) be amended to read as follows:
23.12.050 - Adoption of the 2025 California Energy Code. Part 6. Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the city energy code for the purpose of prescribing regulations in the City of Del Mar for the conservation of energy the 2025 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with California Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Energy Commission 2025 California Energy Code, published by the California Energy Commission.
SECTION ELEVEN:
That Section 23.12.060 and 23.12.061 of Chapter 23.12 Division 6 (Residential Code) be amended to read as follows:
23.12.060 - Adoption of the 2025 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the city residential code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of one- and two-family dwellings, and townhouses, the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. and the 2025 California Residential Code. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of one- and two-family dwellings and townhouses shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2025 California Residential Code, and the 12 September 8, 2025 Item 7
Ordinance No. XXXX
adopted Appendix Chapters, published by the California Building Standards Commission.
SECTION TWELVE:
That Section 23.12.061 of Chapter 23.12 Division 6 (Residential Code) be amended to read as follows:
23.12.061 - Local Adoption of Amendments to the California Residential Code.
Section R101.1 Title shall be amended as follows, "These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Del Mar and shall be cited as such and will be referred to herein as "this code””.
SECTION THIRTEEN:
That Section 23.12.062 of Chapter 23.12 Division 6 (Residential Code) is amended to read as follows:
23.12.062 - Local Amendment to Section R105.2 of the California Residential Code.
Local amendments to Section R105.2 (Work exempt from a Building Permit) are as follows:
1. Modifies California Residential Code Section R105.2 - 1. as follows: One-story detached accessory structures, provided that the floor area does not exceed 48 square feet (4.46 square meters). It is permissible that these structures shall be regulated by Part 7 California Wildland Urban-Interface Code, despite exemption from permit.
2. Modifies California Residential Code Section 105.2 - 2. as follows: Fences not over 12 inches (305 mm) high.
3. Modifies California Residential Code Section 105.2 - 3. as follows: Retaining walls that are not over 12 inches (305 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Modifies California Residential Code Section 105.2 - 5. to add an additional requirement as follows: Sidewalks and driveways. not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route.
This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy).
Finding and Justification:
That the City of Del Mar, due to its unique local topographic and geological conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, the higher risk of slope failures and landslides, the need to ensure incorporation of clean water design 13 September 8, 2025 Item 7
Ordinance No. XXXX
standards, and the unusually small size of residential lots necessitates that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard.
SECTION FOURTEEN:
That Section 23.12.063 of Chapter 23.12 Division 6 (Residential Code) be amended to read as follows:
23.12.063 - Local Amendment to Section R902.1 of the California Residential Code.
Local amendments to Section R902.1 (Roof Assemblies) to delete reference to Class B and C roof covering and be consistent with Section 1505 of the California Building Code as follows:
R902.1 Roof assemblies.
Roof decks shall be covered with materials as set forth in Section R904 or with roof coverings as set forth in Section R905. Where Class A roof assemblies are required, they shall be tested in accordance with ASTM E108 or UL 790. Where required, the roof assembly shall be listed and identified as to class by an approved testing agency.
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.
2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible roof decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing.
3. Class A roof assemblies include minimum 16 ounces per square foot (4.882 kg/m2) copper sheets installed over combustible roof decks.
4. Class A roof assemblies include slate installed over underlayment over ASTM D226, Type II underlayment over combustible decks.
All roof-coverings, including re-roofing except as specified in Section R902.1.2 below, shall be of a roof classification not less than a Class A Roof-Covering.
No wood shake or shingle products are permitted to be installed on the roof of any Occupancy Group.
For re-roofing of existing residential buildings, the Class A Roofing Assembly may be limited to the part of the assembly specified from the sheathing upward, provided the existing sheathing is solid with a minimum thickness of 3/8". Where spaced sheathing currently exists, it shall be replaced or covered with sheathing of a thickness required for a class A assembly.
14 September 8, 2025 Item 7
Ordinance No. XXXX
Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, to require Class A fire retardant roof coverings throughout the city.
SECTION FIFTEEN:
That Section 23.12.064 of Chapter 23.12 Division 6 (Residential Code) be amended to read as follows:
23.12.064 - Local Amendment to Section R902.1.2 of the California Residential Code.
Local amendments to Section R902.1.2 to be renumbered to be consistent with the 2025 California Residential Code to read as follows:
R902.1.2 Roof Covering in all other areas. The entire roof covering of every existing structure where more than 10 percent of the total roof area is replaced within any oneyear period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that 15 September 8, 2025 Item 7
Ordinance No. XXXX
natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, to require Class A fire retardant roof coverings throughout the city.
SECTION SIXTEEN:
That Section 23.12.065 of Chapter 23.12 Division 6 (Residential Code) be amended to read as follows:
23.12.065 - Local Amendment to Section R309.1 Exception of the California Residential Code.
Section R309.1 (Townhouse Automatic Sprinkler Systems) Exception is amended to read as follows:
R309.1 Exception: An automatic residential fire sprinkler system may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed.
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, 16 September 8, 2025 Item 7
Ordinance No. XXXX
requiring that automatic residential fire sprinkler systems may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed.
SECTION SEVENTEEN:
That Section 23.12.066 of Chapter 23.12 Division 6 (Residential Code) be amended to read as follows:
23.12.066 - Local Amendment to Section R309.2 Exception of the California Residential Code.
Section R309.2 (One- and Two-family Dwellings Automatic Sprinkler Systems) Exceptions is amended to read as follows:
R309.2 Exceptions:
1. An automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, to require that an automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.
SECTION EIGHTEEN:
That Section 23.12.067 of Chapter 23.12 Division 6 (Residential Code) is added to read as follows:
17 September 8, 2025 Item 7
Ordinance No. XXXX
23.12.067 - Adoption of Appendix CI of the 2025 California Residential Code.
Appendix CI of the 2025 California Residential Code is adopted.
Finding and Justification:
To comply with the Swimming Pool Safety Act found in Health and Safety Code Sections 115920 through 115929.
SECTION NINTEEN:
That Section 23.12.070 of Chapter 23.12 Division 7 (Green Building Code) be amended to read as follows:
23.12.070 - Adoption of the 2025 California Green Building Code, Part 11, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the city green building code for the purpose of prescribing regulations in the City of Del Mar for improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, the 2025 California Green Building Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided in this chapter and other parts of the Del Mar Municipal Code, all construction shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2025 California Green Building Code, published by the California Building Standards Commission and Appendix A5 (Tier 1 non-residential voluntary measures), incorporated herein by reference, is adopted as mandatory provisions for all new non-residential construction and any non-residential construction over a $150,000.00 valuation as determined by the City of Del Mar Building Division.
SECTION TWENTY:
That DIVISION 8, is added to read as follows:
DIVISION 8. – ADMINISTRATIVE CODE
SECTION TWENTY-ONE:
That Section 23.12.080 of Chapter 23.12 Division 8 (Administrative Code) be amended to read as follows:
23.12.080 - Adoption of the 2025 California Administrative Code, Part 1, Title 24 of the California Code of Regulations.
18 September 8, 2025 Item 7
Ordinance No. XXXX
The California Administrative Code, Part 1, Title 24 of the California Code of Regulations is adopted and incorporated by reference herein as the city administrative code for the purpose of prescribing regulations in the City of Del Mar.
SECTION TWENTY-TWO:
That Sections 23.12.082 and 23.12.084 of Chapter 23.12 Division 8 (Administrative Code) are removed to repeal prior “reserved” sections that are not needed.
SECTION TWENTY-THREE:
That DIVISION 9, is added to read as follows:
DIVISION 9. – REFERENCE STANDARDS CODE
SECTION TWENTY-FOUR:
That Section 23.12.090 of Chapter 23.12 Division 9 (Reference Standards Code) be emended to read as follows:
23.12.090 - Adoption of the 2025 California Reference Standards Code, Part 12, Title 24 of the California Code of Regulations.
The California Reference Standards Code is adopted and incorporated by reference herein for the purpose of prescribing regulations in the City of Del Mar.
SECTION TWENTY-FIVE:
That DIVISION 10, is added to read as follows:
DIVISION 10. – WILDLAND-URBAN INTERFACE CODE
SECTION TWENTY-SIX:
That Section 23.12.100 of Chapter 23.12 Division 10 (Wildland Urban Interface Code) is added to read as follows:
23.12.100 - Adoption of the 2025 California Wildland-Urban Interface Code, Part 7, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Wildland-Urban Interface Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached, the 2025 California Wildland19 September 8, 2025 Item 7 Ordinance No. XXXX
Urban Interface Code, Part 7, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Wildland-Urban Interface Code, 2024 Edition. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached within the City of Del Mar shall be in conformance with the 2025 California Wildland-Urban Interface Code, published by the California Building Standards Commission.
SECTION TWENTY-SEVEN:
No changes to Sections 23.70.010 – 23.70.040 of Chapter 23.70 (Construction and Demolition Debris Recycling).
That Section 23.70.050 of Chapter 23.70 (Construction and Demolition Debris Recycling) is amended to read as follows:
23.70.050 - Compliance with Waste Management Plan.
A. Documentation. Prior to requesting a final inspection, the applicant shall submit documentation to the Building Official that the diversion requirement for the project has been met. It shall be the responsibility of the applicant to obtain the required documentation from the vendor and/or recycling facility. If the applicant does not submit the required documentation, the applicant may be subject to enforcement action pursuant to DMMC 23.70.070. The documentation for compliance shall include the following:
1. Copies of waste tickets or similar documentation from the vendor or recycling facility that collected or received each material, listing the following information:
a. The address of the recycling facility;
b. The project permit number(s);
c. The project address or place of origin;
d. The weight of each material collected; and
e. A description of the waste type.
1. The Applicant shall ensure that the vendor has accurately categorized material that has been diverted from disposal with a waste type label such as “Construction & Demolition,” “Recycling,” “Re-Use,” or other similar labels to denote that the material is not intended for disposal.
2. Tickets coded as “Municipal Solid Waste (MSW)”, “Trash”, “Waste”, or other similar coding to denote that the material is 20 September 8, 2025 Item 7
Ordinance No. XXXX
intended for disposal shall be counted as disposal in
determining the project’s overall diversion rate.
2. A copy of the approved WMP for the project adding the actual weight of each material diverted and landfilled.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates.
C. Determination of Compliance.
1. Full Compliance. If the applicant has fully complied with the diversion requirement for the project, the final WMP report shall be approved.
2. Good Faith Effort to Comply. On a very limited basis, if the diversion requirement has not been achieved, the Planning and Community Development Director shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply considering the following:
a. The availability of markets for the C&D debris landfilled; b. The percent of total waste diverted;
c. The size of the project; and
d. The documented efforts of the applicant to divert C&D debris.
If the Planning and Community Development Director determines that the applicant has made a good faith effort to comply with this chapter, the Director may approve the final WMP report.
3. Noncompliance. If the applicant has been found to have not made a good faith effort to comply with the diversion requirement applicable to the project, or if the applicant fails to submit the documentation required by Subsection A of this Section, then the applicant shall be subject to the enforcement provisions of DMMC 23.70.070. Any penalty assessed must be paid to the City prior to final inspection.
4. Noncompliance Notification and Appeal. Upon a determination of noncompliance, the applicant shall be notified of the WMP report findings.
The notice shall be in writing and shall identify the specific area(s) of noncompliance with the WMP and inform the applicant that it has a right to a hearing to appeal the determination pursuant to DMMC 1.12. 21 September 8, 2025 Item 7
Ordinance No. XXXX
No changes to Sections 23.70.060 (Exemptions) and 23.70.070 (Enforcement) of Chapter
23.70. Finding and Justification:
To comply with the California Waste Management Act of 1989, Assembly Bill 939, the City of Del Mar developed and implemented a waste diversion program to address the State-mandated diversion of construction and demolition waste. The City’s program was adopted by ordinance on August 5, 2019. Through the course of implementation, it has become necessary to clarify the requirements of the documentation needed to demonstrate that C&D waste was properly disposed of. By adopting this amendment to the City’s code, the City is improving its implementation of the California Green Building Code.
SECTION TWENTY-EIGHT:
This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
SECTION TWENTY-NINE:
This Ordinance was introduced by the City Council on September 8, 2025.
SECTION THIRTY:
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION THIRTY-ONE:
If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
SECTION THIRTY-TWO:
Upon adoption, the City Building Official is hereby authorized and directed to file a copy of this Ordinance with the California Building Standards Commission consistent with Section 17958.7(a) of the California Health and Safety Code. 22 September 8, 2025 Item 7
Ordinance No. XXXX
SECTION THIRTY-THREE:
Per State mandate, the 2025 Edition of the California Building Standards Code does not go into effect until January 1, 2026. Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption (“Effective Date”), but the provisions of the Ordinance shall not be operative until January 1, 2026.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 22nd day of September, 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
23 September 8, 2025 Item 7
Ordinance No. XXXX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 22nd day of September, 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
24 September 8, 2025 Item 7
SUMMARY OF THE 2025 CALIFORNIA BUILDING
STANDARDS CODE AMENDMENTS
DEL MAR MUNICIPAL CODE CHAPTER 23.12 – CALIFORNIA CODES FOR
CONSTRUCTION
SUMMARY OF CHANGES FROM 2022 TO 2025
• Section 23.12.010 - Adoption of the 2025 California Building Code, Part 2, Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. • Section 23.12.011 – Local Adoption of Amendments to the California Building Code.
Section revised to amend section title.
• Section 23.12.012 – Local Amendment to Section 105.1 of the California Building Code.
Section revised to amend section title.
• Section 23.12.013 – Local Amendment to Section 105.2 of the California Building Code.
Section revised to amend section title and reflect updated language of the 2025 California Building Standards Codes and the adoption of Appendix CI. The modifications adopted with the local amendment in 2022 have been applied to the new text.
• Section 23.12.014 – Local Amendment to Section 1505.1 of the California Building Code.
Section revised to amend section title, reflect updated language of the 2025 California Building Standards Codes and codify the adoption of the California Wildland-Urban Interface Code. The modifications adopted with the local amendment in 2019 have been applied to the new text.
• Section 23.12.018 – Appendices Adopted.
Section deleted to remove a reference to outdated appendices. • Section 23.12.020 – Adoption of the 2025 California Electrical Code, Part 3, Title 24 of the California Code of Regulations.
25 September 8, 2025 Item 7
Section revised to update the new code reference year of 2025. • Section 23.12.030 – Adoption of the 2025 California Plumbing Code. Part 5. Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. • Section 23.12.040 – Adoption of the 2025 California Mechanical Code. Part 4. Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. • Section 23.12.050 – Adoption of the 2025 California Energy Code. Part 6. Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. • Section 23.12.060 – Adoption of the 2025 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. • Section 23.12.061 – Local Adoption of Amendments to the California Residential Code.
Section revised to amend section title.
• Section 23.12.062 – Local Amendment to Section R105.2 of the California Residential Code.
Section revised to amend title, reflect updated language of the 2025 California Residential Code, and codify the adoption of the California Wildland-Urban Interface Code. The modifications adopted with the local amendment in 2022 have been applied to the new text.
• Section 23.12.063 – Local Amendment to Section R902.1 of the California Residential Code.
Section revised to amend title, renumber the section reference to be consistent with 2025 California Residential Code numbering, reflect updated language of the 2025 California Residential Code, and codify the adoption of the California Wildland-Urban Interface Code. The modifications adopted with the local amendment in 2022 have been applied to the new text.
• Section 23.12.064 – Local Amendment to Section R902.1.2 of the California Residential Code.
26 September 8, 2025 Item 7
Section revised to amend title, reflect updated language of the 2025 California Residential Code, and renumber the section reference to be consistent with 2025 California Residential Code numbering. The modifications adopted with the local amendment in 2022 have been applied to the new text.
• Section 23.12.065 – Local Amendment to Section R309.1 Exception of the California Residential Code.
Section revised to amend title and renumber the section reference to be consistent with 2025 California Residential Code numbering.
• Section 23.12.066 – Local Amendment to Section R309.2 Exception of the California Residential Code.
Section revised to amend title and renumber the section reference to be consistent with 2025 California Residential Code numbering.
• Section 23.12.067 – Adoption of Appendix CI of the 2025 California Residential Code.
Section revised to adopt Appendix CI of the California Residential Code. • Section 23.12.070 – Adoption of the 2025 California Building Standards Code, Part 11, Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. • Section 23.12.080 – Adoption of Division II of Chapter 1 of the 2025 California Administrative Code, Part 1, Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. • Section 23.12.082 – Reserved.
Section deleted to remove unnecessary reservation of a former code section. • Section 23.12.084 – Reserved.
Section deleted to remove unnecessary reservation of a former code section. • Section 23.12.090 – Adoption of the 2025 California Reference Standards Code, Part 12, Title 24 of the California Code of Regulations.
Section revised to update the new code reference year of 2025. 27 September 8, 2025 Item 7
• Section 23.12.100 – Adoption of the 2025 California Wildland-Urban Interface Code, Part 7, Title 24 of the California Code of Regulations.
Section added to adopt the 2025 California Wildland-Urban Interface Code, Part 7, Title 24 of the California Code of Regulations.
28 September 8, 2025 Item 7
DEL MAR MUNICIPAL CODE CHAPTER 23.70 – CONSTRUCTION AND DEMOLITION
DEBRIS RECYCLING
SUMMARY OF CHANGES FROM 2019 TO 2025
• Section 23.70.040 – Review of Waste Management Plan.
Section revised to clarify the documentation required to demonstrate compliance with the reporting requirement of a Waste Management Plan. 29 September 8, 2025 Item 7
Strikeout of Existing DMMC Chapters 23.12 and 23.70
Editorial Note:
The existing code contains a number of sections which are formatted in the strikeout/underline format to indicate areas of the California Building Standards Code which were amended by local ordinance. In order to best represent the changes between the 2022 version of the code and the proposed amendments included in this ordinance, sections which contain new amendments or updated code language will be formatted using the bolded strikeout/underline format to distinguish between new and existing code language in this exhibit (Attachment C). Text which is bolded or struck in the ordinance (Attachment A) is intentionally formatted to distinguish for code users standards which are unique to Del Mar through the adoption of local amendments.
Chapter 23.12 - CA CODES FOR CONSTRUCTION
DIVISION 1. - BUILDING CODE
23.12.010 - Adoption of the 2022 California Building Code 2025 California Building Code, Part 2, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Building Code for the purpose of prescribing regulations in the City of Del Mar for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2022 California Building Code 2025 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Building Code, 2021 Edition 2024 Edition. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Del Mar shall be in conformance with the 2022 California Building Code 2025 California Building Code and the adopted Appendix Chapters, published by the California Building Standards Commission. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 1, 11-18-2019; Ord. No. 994, § 2, 10-17-2022, eff. 1-1- 2023)
Editor's note— Ord. No. 922, § 3, adopted November 21, 2016, repealed the former Sections 23.12.010,
23.12.012, 23.12.014, 23.12.016, 23.12.018, 23.12.020, 23.12.030, 23.12.032, 23.12.040, 23.12.042,
23.12.050, 23.12.060, 23.12.062, 23.12.063, and 23.12.070 in their entirety, and enacted new Sections
23.12.010, 23.12.011, 23.12.012, 23.12.014, 23.12.018, 23.12.020, 23.12.030, 23.12.040, 23.12.050, 30 September 8, 2025 Item 7
23.12.060—23.12.065, and 23.12.070 to read as herein set out. The former provisions pertained to various codes for construction, and derived from Ord. No. 412; Ord. No. 632; Ord. No. 678; Ord. No. 763; Ord. No. 775; Ord. No. 800; Ord. No. 808; Ord. No. 853, and Ord. No. 890.
23.12.011 - Section 101.1 amended. Local Adoption of Amendments to the California Building Code.
Section 101.1 Title shall be amended as follows, “These regulations shall be known as the Building Codes of the City of Del Mar, hereinafter referred to as “this code.”” (Ord. No. 922, § 3, 11-21-2016)
Note— See editor's note at Section 23.12.010.
23.12.012 - Section 105.1. amended. Local Amendment to Section 105.1 of the California Building Code.
Local amendments to Section 105.1 (Permits Required) to require permits for repaving and restriping by adding the following statement at the end of Section 105.1 - Required:
"A building permit is required for repaving and/or re-striping of all parking lots serving commercial, office, multi-family and hotel buildings and structures. Restriping shall meet the current edition of the CBC." (Ord. No. 994, § 2, 10-17-2022, eff. 1-1-2023)
Finding and Justification:
That the City of Del Mar, due to its unique local topographic conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, and to ensure continued access for people with disabilities necessitates that building permit be required for re-striping of parking lots serving commercial, office, multi-family and hotel buildings and structures.
23.12.013 - Section 105.2. amended. Local Amendment to Section 105.2 of the California Building Code.
Local amendments to Section 105.2 (Work exempt from a Building Permit) are as follows:
1. Modifies CBC California Building Code Section 105.2 - 1. as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 48 square feet (11.15 m2 4.46 square meter). It is 31 September 8, 2025 Item 7
permissible that these structures still be regulated by Section 710A Part 7 California Wildland Urban-interface Code, despite exemption from permit.
2. Modifies CBC California Building Code Section 105.2 - 2. as follows: Fences, other than swimming pool barriers, not over 7 feet (2134 mm) 12 inches (305 mm) high.
3. Modifies CBC California Building Code Section 105.2 - 4. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing. bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
4. Modifies CBC California Building Code Section 105.2 - 6. by adding the following exemption at the end of item 6: "Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy)."
Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.
Finding and Justification:
That the City of Del Mar, due to its unique local topographic and geological conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, the higher risk of slope failures and landslides, the need to ensure incorporation of clean water design standards, and the unusually small size of residential lots, necessitate that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 2, 11-18-2019; Ord. No. 994, § 3, 10-17-2022, eff. 1-1- 2023)
Editor's note— Ord. No. 994, § 2, adopted Oct. 17, 2022, added a new Section 23.12.012 and subsequently renumbered the former Section 23.12.012 as § 23.12.013. Historical notations have been retained for reference purposes.
Note— See editor's note at Section 23.12.010.
23.12.014 - Section 1505 Amended. Local Amendment to Section 1505.1 of the California Building Code.
32 September 8, 2025 Item 7
Local amendments to Section 1505 Roofing Requirements are as follows: Local amendments to Section 1505.1 (General) and Table 1505.1 (Minimum Roof Assembly Classification for Types of Construction) are as follows:
Section 1505 Roofing Requirements. The roof covering or roofing assembly on any structure regulated by this code shall be as specified in Table 1505.1 and as classified in Section 1505. All roof-coverings, including re-roofing shall be of a roof classification not less than a Class A Roof-Covering. 1505.1 General. Fire classification of roof assemblies shall be in accordance with Section 1505. The minimum fire classification of roof assemblies installed on buildings shall comply with Table 1505.1 based on type of construction of the building. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated woodroof coverings shall be tested in accordance with ASTM D2898; fire-retardant treated shingles and shakes shall comply with Section 1505.6.
No wood shake or shingle products are permitted to be installed on the roof of any Occupancy Group.
Class A Roof-Covering shall not be required for roof repair where the proposed improvements are at or below 10% of the total roof area. This exemption shall be allowed for only one repair of 10% or less. Subsequent roof repairs shall be required to meet the standards set forth in Section 1503 of the California Building Code.
For re-roofing if of existing residential buildings, the Class A Roofing Assembly may be limited the part of the assembly specified from the sheathing upward, provided the existing sheathing is solid with a minimum thickness of 3/8". Where spaced sheathing currently exists, it shall be replaced or covered with sheathing of a thickness required for a Class A Assembly.
Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
TABLE 1505.1
MINIMUM ROOF COVERING ASSEMBLY CLASSIFICATION
FOR TYPE OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
33 September 8, 2025 Item 7
A A A A A A A A A
Local amendments to Section 1505.1.2 (Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI)). are as follows:
1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than 50 percent 10 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C A fire classification.
(Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 3, 11-18-2019) Note— See editor's note at Section 23.12.010.
Finding and Justification:
That the City of Del Mar has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these topographic and climatic conditions necessitate greater fire protection than that provided by the 2022 California Building Code. Therefore, this chapter alters the 2025 California Building Code, to require Class A fire retardant roof coverings throughout the city.
23.12.018 - Appendices Adopted.
Appendix AX of the 2022 California Residential Code is adopted. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 4, 11-18-2019; Ord. No. 994, § 5, 10-17-2022, eff. 1-1- 2023)
Note— See editor's note at Section 23.12.010.
DIVISION 2. ELECTRICAL CODE
23.12.020 - Adoption of the 2022 California Electrical Code 2025 California Electrical Code, Part 3, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the city electrical code for the purpose of prescribing regulations in the city of Del Mar for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 2022 California Electrical Code 2025 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code based on the National Electrical Code, 2020 Edition 2023 Edition. Except as otherwise provided by this Chapter other parts of the City of Del Mar Municipal Code, all installation, 34 September 8, 2025 Item 7
alteration, or repair of electrical systems within the City of Del Mar shall be in conformance with the 2022 California Electrical Code 2025 California Electrical Code published by the California Building Standards Commission.
(Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 5, 11-18-2019; Ord. No. 994, § 6, 10-17-2022, eff. 1-1- 2023)
Note— See editor's note at Section 23.12.010.
DIVISION 3. - PLUMBING CODE
23.12.030 - Adoption of the 2022 California Plumbing Code 2025 California Plumbing Code. Part 5. Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2022 California Plumbing Code 2025 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Del Mar shall be in conformance with 2022 California Plumbing Code 2025 California Plumbing Code, published by the California Building Standards Commission.
(Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 6, 11-18-2019; Ord. No. 994, § 7, 10-17-2022, eff. 1-1- 2023)
Note— See editor's note at Section 23.12.010.
DIVISION 4. - MECHANICAL CODE
23.12.040 - Adoption of the 2022 California Mechanical Code 2025 California Mechanical Code. Part 4. Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Del Mar for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heatproducing appliances, the 2022 California Mechanical Code 2025 California 35 September 8, 2025 Item 7
Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances shall be in conformance with California State Building Standards Code and any rules and regulations promulgated pursuant thereto, published by the California Buildings Standards Commission.
(Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 7, 11-18-2019; Ord. No. 994, § 8, 10-17-2022, eff. 1-1- 2023)
Note— See editor's note at Section 23.12.010.
DIVISION 5. - ENERGY CODE
23.12.050 - Adoption of the 2022 California Energy Code 2025 California Energy Code. Part 6. Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the city energy code for the purpose of prescribing regulations in the City of Del Mar for the conservation of energy the 2022 California Energy Code 2025 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with California Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Energy Commission. 2022 California Energy Code 2025 California Energy Code, published by the California Energy Commission. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 8, 11-18-2019; Ord. No. 994, § 9, 10-17-2022, eff. 1-1- 2023)
Note— See editor's note at Section 23.12.010.
DIVISION 6. - RESIDENTIAL CODE
23.12.060 - Adoption of the 2022 California Residential Code 2025 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations. 36 September 8, 2025 Item 7
There is adopted and incorporated by reference herein as the city residential code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of one- and two-family dwellings, and townhouses, the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. and the 2022 California Residential Code 2025 California Residential Code. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of one- and two-family dwellings and townhouses shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2022 California Residential Code 2025 California Residential Code, and the adopted Appendix Chapters, published by the California Building Standards Commission. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 9, 11-18-2019; Ord. No. 994, § 10, 10-17-2022, eff. 1-1- 2023)
Note— See editor's note at Section 23.12.010.
23.12.061 - Section R101.1 amended. Local Adoption of Amendments to the California Residential Code.
Section R101.1 Title shall be amended as follows, "These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Del Mar, and shall be cited as such and will be referred to herein as "this code."" (Ord. No. 922, § 3, 11-21-2016)
Note— See editor's note at Section 23.12.010.
23.12.062 - Section R105.2 amended. Local Amendment to Section R105.2 of the California Residential Code.
Local amendments to Section R105.2 (Work exempt from a Building Permit) are as follows:
1. Modifies CRC California Residential Code Section R105.2 - 1. as follows: Other than storm shelters, One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet 48 square feet (11.15 square meters 4.46 square meters). It is permissible that these structures shall be regulated by Section 710A, 37 September 8, 2025 Item 7
despite exemption from permit Part 7 California Wildland Urban-Interface Code, despite exemption from permit.
2. Modifies CRC California Residential Code Section 105.2 - 2. as follows: Fences not over 7 Feet (2134 mm) 12 inches (305 mm) high.
3. Modifies CBC California Residential Code Section 105.2 - 3. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing. the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Modifies CBC California Residential Code Section 105.2 - 5. as follows:
"Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy)." (Ord. No. 922, § 3, 11-21-2016; Ord. No. 994, § 11, 10-17-2022, eff. 1-1-2023) Note— See editor's note at Section 23.12.010.
Finding and Justification:
That the City of Del Mar, due to its unique local topographic and geological conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, the higher risk of slope failures and landslides, the need to ensure incorporation of clean water design standards, and the unusually small size of residential lots necessitates that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard.
23.12.063 - Section R902.1.3 amended. Local Amendment to Section R902.1 of the California Residential Code.
Local amendments to Section R902.1.3 R902.1 (Roof Assemblies) to delete reference to Class B and C roof covering and be consistent with Section 1505 of the CBCCalifornia Building Code as follows:
R902.1 Roof covering materials assemblies.
Roofs Roof decks shall be covered with materials as set forth in Section R904 or with roof coverings as set forth in and Section R905. A minimum Class A, B or C roofing shall be installed in areas designated by this section or where the edge of the roof deck is less than 3 feet (914 mm) from a lot line. Where Class A, B and C roofing roof assemblies are required, they shall be tested in accordance with ASTM E103 E108 or 38 September 8, 2025 Item 7
UL 790. Where required, the roof assembly shall be listed and identified as to class by an approved testing agency.
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.
2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible roof decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing.
3. Class A roof assemblies include minimum 16 ounces per square foot (4.882 kg/m2) copper sheets installed over combustible roof decks.
4. Class A roof assemblies include slate installed over underlayment over ASTM D226, Type II underlayment over combustible decks.
All roof-coverings, including re-roofing except as specified in Section R902.1.2 below, shall be of a roof classification not less than a Class A Roof-Covering.
No wood shake or shingle products are permitted to be installed on the roof of any Occupancy Group.
For re-roofing of existing residential buildings, the Class A Roofing Assembly may be limited to the part of the assembly specified from the sheathing upward, provided the existing sheathing is solid with a minimum thickness of 3/8". Where spaced sheathing currently exists, it shall be replaced or covered with sheathing of a thickness required for a class A assembly.
Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
(Ord. No. 922, § 3, 11-21-2016; Ord. No. 957, § 10, 11-18-2019; Ord. No. 994, § 12, 10-17-2022, eff. 1-1- 2023)
Note— See editor's note at Section 23.12.010.
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, 39 September 8, 2025 Item 7
these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, to require Class A fire retardant roof coverings throughout the city.
23.12.064 - Section R902.1.3 amended. Local Amendment to Section R902.1.2 of the California Residential Code.
Local amendments to Section R902.1.2 to be renumbered to be consistent with the 2022 CRC 2025 California Residential Code to read as follows:
R902.1.3 R902.1.2 Roof Covering in all other areas. The entire roof covering of every existing structure where more than 50 percent 10 percent of the total roof area is replaced within a any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C A. (Ord. No. 994, § 12, 10-17-2022, eff. 1-1-2023)
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, to require Class A fire retardant roof coverings throughout the city. 40 September 8, 2025 Item 7
23.12.065 - Section R313.1 Exception amended. Local Amendment to Section R309.1 Exception of the California Residential Code.
Section R313.1 R309.1 (Townhouse Automatic Sprinkler Systems) Exception is amended to read as follows:
R313.1 R309.1 Exception: An automatic sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed. An automatic residential fire sprinkler system may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 994, § 14, 10-17-2022, eff. 1-1-2023) Editor's note— Ord. No. 994, § 14, adopted Oct. 17, 2022, added a new provision as Section 23.12.064 and subsequently renumbered the former Sections 23.12.064 and 23.12.065 as Sections 23.12.065 and
23.12.066.
Note— See editor's note at Section 23.12.010.
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, requiring that automatic residential fire sprinkler systems may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed.
23.12.066 - Section R313.2 Exceptions amended. Local Amendment to Section R309.2 Exception of the California Residential Code.
41 September 8, 2025 Item 7
Section R313.2 R309.2 (One- and Two-family Dwellings Automatic Sprinkler Systems) Exceptions is amended to read as follows:
R313.2 R309.2 Exceptions:
1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. An automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 994, § 15, 10-17-2022, eff. 1-1-2023) Note— See editor's note at Sections 23.12.010 and 23.12.065.
Finding and Justification:
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildlandurban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds). As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2025 California Residential Code. Therefore, this chapter alters the 2025 California Residential Code, to require that an automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.
23.12.067 Adoption of Appendix CI of the 2025 California Residential Code.
Appendix CI of the 2025 California Residential Code is adopted.
Finding and Justification:
To comply with the Swimming Pool Safety Act found in Health and Safety Code Sections 115920 through 115929.
42 September 8, 2025 Item 7
DIVISION 7. - GREEN BUILDING CODE
23.12.070 - Adoption of the 2022 California Building Standards Code 2025 California Green Building Code, Part 11, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the city green building code for the purpose of prescribing regulations in the City of Del Mar for improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, the 2022 California Green Building Standards Code 2025 California Green Building Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided in this chapter and other parts of the Del Mar Municipal Code, all construction shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2022 California Green Building Standards Code 2025 California Green Building Code, published by the California Building Standards Commission and Appendix A5 (Tier 1 non-residential voluntary measures), incorporated herein by reference, is adopted as mandatory provisions for all new non-residential construction and any non-residential construction over a $150,000.00 valuation as determined by the City of Del Mar Building Division. (Ord. No. 922, § 3, 11-21-2016; Ord. No. 937, § 1, 6-18-2018; Ord. No. 957, § 11, 11-18-2019; Ord. No. 994, § 16, 10-17-2022, eff. 1-1-2023)
Note— See editor's note at Section 23.12.010.
DIVISION 8. – ADMINISTRATIVE CODE
23.12.080 - Adoption of Division II of Chapter 1 of the 2022 California Administrative Code 2025 California Administrative Code, Part 1, Title 24 of the California Code of Regulations.
The California Administrative Code, Part 1, Title 24 of the California Code of Regulations is adopted and incorporated by reference herein as the city administrative code for the purpose of prescribing regulations in the City of Del Mar. (Ord. No. 853; Ord. No. 890; Ord. No. 957, § 12, 11-18-2019; Ord. No. 994, § 17, 10-17-2022, eff. 1-1- 2023)
23.12.082 - Reserved.
43 September 8, 2025 Item 7
Editor's note— Ord. No. 957, § 13, adopted November 18, 2019, repealed § 23.12.082 in its entirety.
Former § 23.12.082 pertained to the amendment to Chapter 2, Organization and Enforcement, and derived from Ord. No. 853 and Ord. No. 890.
23.12.084 - Reserved.
Editor's note— Ord. No. 957, § 14, adopted November 18, 2019, repealed § 23.12.084 in its entirety.
Former § 23.12.084 pertained to the amendment to Chapter 3, Permits and Inspection, and derived from Ord. No. 853 and Ord. No. 890.
DIVISION 9. – REFERENCE STANDARDS CODE
23.12.090 - Adoption of the 2022 California Reference Standards Code 2025 California Reference Standards Code, Part 12, Title 24 of the California Code of Regulations.
The California Reference Standards Code is adopted and incorporated by reference herein for the purpose of prescribing regulations in the City of Del Mar. (Ord. No. 957, § 15, 11-18-2019; Ord. No. 994, § 18, 10-17-2022, eff. 1-1-2023) DIVISION 10. – WILDLAND-URBAN INTERFACE CODE
23.12.100 – Adoption of the 2025 Wildland Urban Interface Code, Part 7, Title 24 of the California Code of Regulations.
There is adopted and incorporated by reference herein as the City Wildland-Urban Interface Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached, the 2025 California WildlandUrban Interface Code, Part 7, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Wildland-Urban Interface Code, 2024 Edition. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached within the City of Del Mar shall be in conformance with the 2025 California Wildland-Urban Interface Code, published by the California Building Standards Commission. 44 September 8, 2025 Item 7
Chapter 23.70 - CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
23.70.010 - Definitions.
A. Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private for profit or nonprofit corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.
B. Construction means the building of any improvement or any portion thereof including any tenant improvements to an existing facility or structure.
C. Construction and Demolition Debris ("C&D Debris") means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, deconstruction, or demolition operations on any pavement, house, garage, greenwaste, commercial building, or other structure.
D. Conversion rate means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.
E. Deconstruction means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling.
F. Demolition means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
G. Divert means to use construction or demolition debris for any purpose other than disposal in a landfill or transformation facility.
H. Emergency: A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or public services.
I. Project means any activity which requires an application for a building or demolition permit or any similar permit from the City.
J. Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
K. Remodel means any change, addition, or modification in an existing structure.
M. Renovation means any change, addition, or modification in an existing structure.
N. Reuse means the use, in the same form as it was produced, of a material which might otherwise be discarded.
45 September 8, 2025 Item 7
O. Salvage means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
P. WMP review fee means the fee for processing WMP applications as adopted by the City Council by resolution, if any.
Q. WMP report means the final calculation of construction and demolition debris diversion for the project as described in DMMC 23.70.050. (Ord. No. 950, § 2, 8-5-2019)
23.70.020 - Construction and demolition debris diversion requirements.
Owners and builders generating any construction and demolition debris on a project (residential or commercial) must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the California Green Building Standards Code as adopted by Section 23.12 of the Del Mar Municipal Code, Tier I requirements for commercial projects, any applicable state law requirements, and the requirements of this Section. Failure to comply with any of the terms of this Chapter shall subject the project applicant to the full range of penalty and enforcement mechanisms of this Chapter. (Ord. No. 950, § 3, 8-5-2019)
23.70.030 - Submission of Waste Management Plan.
A. Waste Management Plan (WMP) Forms. Applicants for a Building Permit plan check shall complete and submit a Waste Management Plan on a City-approved form and pay a WMP review fee, if any, before a building or demolition permit may be issued. The completed WMP shall indicate all of the following:
1. Estimated weight of C&D debris, by materials type, to be generated;
2. Maximum weight of such materials that can feasibly be diverted via reuse or recycling;
3. Vendor or facility that the applicant proposes to use to collect or receive that material;
4. Estimated weight of C&D materials that will be landfilled; and
5. Total square footage of the project.
6. Indicates that the minimum required percentage set forth in DMMC 23.70.020 of all C&D debris generated by the project will be diverted.
B. Calculating Weight of Debris. In estimating the weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the City.
46 September 8, 2025 Item 7
C. Deconstruction. In preparing the WMP, applicants for a building permit plan check involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to sending to a landfill. (Ord. No. 950, § 4, 8-5-2019)
23.70.040 - Review of Waste Management Plan.
A. Approval. Notwithstanding any other provision of this code, no Building Permit shall be issued unless the WMP has been approved. Approval shall not be required, however, where an emergency demolition, as determined by the Planning and Community Development Director, is required to protect public health or safety.
The WMP shall not be approved unless it provides all of the information set forth in DMMC 23.70.030.
B. Non-approval. If the WMP is incomplete or fails to indicate that the minimum required percentage set forth in DMMC 23.70.020 of all C&D debris generated by the project will be diverted, the WMP shall be returned to the applicant marked "Denied," including a statement of reasons, and so notify the Community Development Department, which shall withhold permit issuance until the WMP is resubmitted and approved.
(Ord. No. 950, § 5, 8-5-2019)
23.70.050 - Compliance with Waste Management Plan.
A. Documentation. Prior to requesting a final inspection, the applicant shall submit documentation to the Building Official that the diversion requirement for the project has been met. It shall be the responsibility of the applicant to request the required documentation from the vendor and/or recycling facility. If the applicant does not submit the required documentation, the applicant may be subject to enforcement action pursuant to DMMC 23.70.070. The documentation for compliance shall include the following:
1. Copies of receipts waste tickets or similar documentation from the vendor or recycling facility that collected or received each material, showing the actual weight of that material. listing the following information:
a. The address of the recycling facility;
b. The project permit number(s);
c. The project address or place of origin;
d. The weight of each material collected; and
47 September 8, 2025 Item 7
e. A description of the waste type.
1. The Applicant shall ensure that the vendor has accurately categorized material that has been diverted from disposal with a waste type label such as “Construction &
Demolition”, “Recycling”, “Re-Use”, or other similar
labels to denote that the material is not intended for
disposal.
2. Tickets coded as “Municipal Solid Waste (MSW)”,
“Trash”, “Waste”, or other similar coding to denote that the material is intended for disposal shall be counted as disposal in determining the project’s overall diversion rate.
2. A copy of the approved WMP for the project adding the actual weight of each material diverted and landfilled.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates.
C. Determination of Compliance.
1. Full Compliance. If the applicant has fully complied with the diversion requirement for the project, the final WMP report shall be approved.
2. Good Faith Effort to Comply. On a very limited basis, if the diversion requirement has not been achieved, the Planning and Community Development Director shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply considering the following:
a. The availability of markets for the C&D debris landfilled; b. The percent of total waste diverted;
c. The size of the project; and
d. The documented efforts of the applicant to divert C&D debris.
If the Planning and Community Development Director determines that the applicant has made a good faith effort to comply with this chapter, the Director may approve the final WMP report.
48 September 8, 2025 Item 7
3. Noncompliance. If the applicant has been found to have not made a good faith effort to comply with the diversion requirement applicable to the project, or if the applicant fails to submit the documentation required by Subsection A of this Section, then the applicant shall be subject to the enforcement provisions of DMMC 23.70.070. Any penalty assessed must be paid to the City prior to final inspection.
4. Noncompliance Notification and Appeal. Upon a determination of noncompliance, the applicant shall be notified of the WMP report findings.
The notice shall be in writing and shall identify the specific area(s) of noncompliance with the WMP and inform the applicant that it has a right to a hearing to appeal the determination pursuant to DMMC 1.12. (Ord. No. 950, § 6, 8-5-2019)
23.70.060 - Exemptions.
A. The following project types are exempt from the requirements of this Chapter:
1. Projects exempted from the construction waste disposal and recycling requirements of the State Green Building Standards Code, California Code of Regulations, Title 24, Part 11 (CALGreen Code). The City's Building Department shall maintain an up to date list of exempt project types.
2. Emergency demolition projects, if the projects are required to protect public health or safety, as determined by the Planning and Community Development Director in consultation with the City's Building Official.
B. Infeasibility Exemption Application. For project types that are not exempt per DMMC 23.70.060 A., if unique circumstances make it infeasible for a project applicant to comply with the diversion requirement, the applicant may apply for an exemption at the time that the applicant submits the required WMP. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific unique circumstances that make it infeasible to comply with the diversion requirement.
C. Granting of Exemption. The Director of Planning and Community Development shall not issue an infeasibility exemption unless the Director can make at least one of the following findings:
1. That circumstances exist that are unique to the project to the effect that compliance with the provisions of this Chapter would create an unusual burden on the project that is different than that of similarly situated properties.
2. That for a specific project compliance with this Chapter would result in minimal or no increase in recycled materials or reduction in waste stream. 49 September 8, 2025 Item 7
3. That diversion of one or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated.
If one or more of the above findings may be made for a project, the project may be exempted from compliance with this chapter or determine the maximum feasible reduced diversion rate for each material as reported by the applicant and shall indicate this rate on the WMP submitted by the applicant. A copy of the WMP shall be returned to the applicant marked "Approved for Exemption".
D. Denial of Exemption. If the Director of Planning and Community Development is unable to make any of the findings required by Subsection C of this Section, the applicant shall be informed in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with DMMC 23.70.020. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with DMMC 23.70.030, the Director of Planning and Community Development shall deny the WMP in accordance with DMMC 23.70.030. Notwithstanding any other provision of this Code, the determination of the WMP compliance officer shall be final.
(Ord. No. 950, § 7, 8-5-2019)
23.70.70 - Enforcement.
A. Criminal Action. Any applicant who violates or fails to comply with any provision of this Chapter shall be guilty of a misdemeanor and subject to the enforcement provisions of provisions of DMMC 1.08.020.
B. Civil Action. The City may redress a violation of, or failure to comply with, any provision of this Chapter pursuant to the provisions of DMMC 1.08.080. (Ord. No. 950, § 8, 8-5-2019)
Finding and Justification:
To comply with the California Waste Management Act of 1989, Assembly Bill 939, the City of Del Mar developed and implemented a waste diversion program to address the State-mandated diversion of construction and demolition waste. The City’s program was adopted by ordinance on August 5, 2019. Through the course of implementation, it has become necessary to clarify the requirements of the documentation needed to demonstrate that C&D waste was properly disposed of. By adopting this amendment to the City’s code, the City is improving its implementation of the California Green Building Code.
50 September 8, 2025 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Nicole Morrow, AICP, Associate Planner
Jordan Villagomez, Fire Marshal
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: September 8, 2025
SUBJECT: Introduction of an Ordinance to Adopt the 2025 California Fire Code, 2025 California Wildland Urban Interface Code, and Local Amendments REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 10.04 to adopt the 2025 Edition of the California Fire Code, adopt the 2025 Edition of the California Wildland-Urban Interface Code (CWUIC), amend Chapter 10.04 to reflect a local amendment to the 2025 California Fire Code, and continue to apply various locally adopted amendments thereto as necessary to reflect the Del Mar Fire Department’s approach to fire prevention and protection.
BACKGROUND:
On July 1, 2025, the State published the updated 2025 Edition of the California Fire Code.
The 2025 Edition of the code incorporates the updated standards from the 2024 Edition of the International Fire Code into the existing model code text. The code was prepared with amendments intended to further improve fire prevention and public health and safety standards, especially following an increase in wildfire activity statewide.
In addition to the California Fire Code update, the State also published the new California Wildland-Urban Interface Code (CWUIC). The CWUIC was prepared as a consolidated code manual that combines existing standards from Chapter 7A of the California Building Code, Section R337 of the California Residential Code, and Chapter 49 of the California Fire Code into the code format used by the International Code Council. The consolidation of the Codes was intended to make fire standards more accessible to code users.
The State of California regularly updates its Building Standards Codes, which include the California Fire Code and CWUIC, to incorporate updated safety standards. The 2025 Editions of the California Fire Code and CWUIC are the product of the State’s regular 1 September 8, 2025 Item 8
City Council Agenda Report
Adoption of 2025 California Fire Code, Wildland Urban Interface Code, and Local Amendments September 8, 2025
triennial update cycle of the State Building Standards. In October 2022, the City Council adopted the prior version of the code, the 2022 Edition of the California Fire Code, which took effect on January 1, 2023.
In a related action, the Office of the State Fire Marshal published the updated statewide Fire Hazard Severity Zones Map earlier this year. The map assessed a variety of conditions that influence fire likelihood and fire behavior in order to classify areas with particular hazards as Moderate, High, or Very-High Fire Hazard Severity Zones.
Development planned in areas that are designated as a Moderate, High, or Very-High Fire Hazard Severity Zone is required to follow the specified building standards established by the California Fire Code and CWUIC. The codes include standards such as those related to approved building materials, fire sprinklers, and emergency vehicle access. The City Council, in accordance with State mandate, adopted the updated Fire Hazard Severity Zones map for the City of Del Mar on June 16, 2025.
The 2025 Editions of the California Fire Code and CWUIC will take effect statewide on January 1, 2026. Due to the chaptering of Assembly Bill 130 earlier this year, a moratorium prohibiting amendments to a local jurisdiction’s building standards will begin on October 1, 2025, and will be effective through June 1, 2031. Once the moratorium takes effect, a jurisdiction will only be allowed to amend its Building Standards under specified conditions and with the approval of the California Building Standards Commission.
The State’s Building Standards Codes are intended to serve as the minimum enforceable standards for construction. In conjunction with the adoption of the State code, local jurisdictions may adopt more stringent fire safety standards that reflect their community’s unique circumstances. A jurisdiction may also re-adopt those amendments from previous years that are still applicable. In previous years, the City of Del Mar has opted to adopt local amendments such as those which prohibit the sale or use of fireworks and other explosives.
Local jurisdictions are required to adopt the updated State codes through the Ordinance process. The City adopts and incorporates these State code regulations into the DMMC Title 10 Fire Prevention regulations. Since these regulations are not a part of the DMMC Title 30 Zoning Code or certified Local Coastal Program, the City Council has authority over the final action. There is no requirement for a Planning Commission recommendation or review by the California Coastal Commission.
DISCUSSION/ANALYSIS:
The City Council is being asked to introduce an Ordinance to adopt the 2025 Editions of the California Fire Code and CWUIC. The purpose of this Ordinance is to amend the DMMC to ensure consistency and State-mandated compliance with the California Fire Code and CWUIC. The proposed Ordinance will amend DMMC Chapter 10.04 to reflect 2 September 8, 2025 Item 8
City Council Agenda Report
Adoption of 2025 California Fire Code, Wildland Urban Interface Code, and Local Amendments September 8, 2025
the adoption of the updated California Fire Code and CWUIC and modify existing code language to be consistent with the language of the 2025 Edition of the State’s fire codes.
The adoption of the updated codes will not impose a significant number of new regulations; however, the applicability of the codes differs now that Del Mar’s new Fire Hazard Severity Zones map has been adopted. Approximately 81% of city parcels were identified as being within a Fire Hazard Severity Zone. Development within the Fire Hazard Severity Zones will be subject to the standards contained within the California Fire Code and CWUIC. Compliance with these codes is not expected to create additional cost burdens or design requirements for projects within the Fire Hazard Severity Zones.
In addition to the existing locally adopted amendments, staff recommends one new local amendment to the 2025 Edition of the California Fire Code to add regulations requiring wildfire and ember-resistant vents for all residential units undergoing remodels, additions, or alterations. The proposed addition of Section 10.04.150 builds off the existing ventilation requirements of Section 504 of the State Fire Code by obligating that the vents placed in residential structures are approved as a wildfire flame and ember-resistant vent.
This requirement is a cost-effective way to implement home hardening strategies in older structures. The amendment is intended to increase the resilience of the community by reducing the vulnerability of structures that were built prior to the adoption of updated home hardening regulations.
As proposed, all existing locally adopted amendments will continue to apply.
Amendments to various sections of Chapter 10.04 of the DMMC have been proposed for the purpose of amending the existing code language of the local amendments to be consistent with the language of the 2025 Editions of the California Fire Code and CWUIC.
The table below lists all local amendments, existing and proposed, and summarizes the status of each. A summary of the proposed changes from the existing code to the proposed Ordinance is provided in Attachments B. A strikeout version of the existing DMMC Chapter 10.04 is included in Attachment C.
Summary of Local Amendments (Existing and Proposed)
Type DMMC
Section
Proposed
Change Purpose
Existing Amendment 10.04.030 Modification Update references to 2025 Code Existing Amendment 10.04.040 Modification Update references to 2025 Code Existing Amendment 10.04.050 No Change No Change
Existing Amendment 10.04.060 No Change No Change
Existing Amendment 10.04.070 No Change No Change
Existing Amendment 10.04.080 No Change No Change
Existing Amendment 10.04.090 No Change No Change
Existing Amendment 10.04.100 Modification Update references to 2025 Code and update section numbering
3 September 8, 2025 Item 8
City Council Agenda Report
Adoption of 2025 California Fire Code, Wildland Urban Interface Code, and Local Amendments September 8, 2025
Type DMMC
Section
Proposed
Change Purpose
Existing Amendment 10.04.110 Modification Update references to 2025 Code and update section numbering
Existing Amendment 10.04.120 No Change No Change
Existing Amendment 10.04.130 No Change No Change
Proposed Amendment 10.04.140 Add Section Adopt 2025 CWUI Code Proposed Amendment 10.04.150 Modification
Adopt regulations requiring home
hardening installations for
residential units undergoing
remodels, additions, or alterations
If adopted by the City Council, the Ordinance must be filed with the California Building Standards Commission to become effective in accordance with California Health and Safety Code Section 17958.7(a). As confirmed by Stoyan Bumbalov, Executive Director of the California Building Standards Commission, filings of local amendments by September 30, 2025, will be accepted by the Commission in accordance with the laws in place prior to the moratorium which begins on October 1, 2025. Additionally, although the Ordinance will take effect 30 days from adoption by the City Council, the regulations do not become operative until January 1, 2026, consistent with the effective date of the 2025 Editions of the California Fire Code and CWUIC.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item. The review of a development’s conformance with the applicable fire codes is processed through a separate review of development applications and building permits.
As part of that process, the City applies fee charges to recover a portion of the administrative costs incurred to provide such reviews. No changes are proposed for the existing City’s fee schedule for issuance of Fire Department related permits.
ENVIRONMENTAL IMPACT:
This project is not subject to the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). It can be seen with certainty that the adoption of the State-mandated Fire Codes with minor amendments will not have a significant effect on the environment.
HOUSING IMPACT:
Local adoption of the updated State-mandated building-related regulations will facilitate development of housing that complies with the minimum public health and safety standards as well as additional standards to reflect Del Mar’s unique characteristics and approach to design and development review. This includes greater safety in designated fire hazard severity zones through additional building design requirements for homehardening consistent with the General Plan goals and policies for new housing and safety. 4 September 8, 2025 Item 8
City Council Agenda Report
Adoption of 2025 California Fire Code, Wildland Urban Interface Code, and Local Amendments September 8, 2025
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Updating the DMMC to adopt the California Building Codes by reference and incorporate local modifications is a Tier 1 priority for Fiscal Year 2025-26.
ATTACHMENTS:
Attachment A – Ordinance to Amend DMMC Chapter 10.04
Attachment B – Summary of the 2025 California Fire Code Amendments Attachment C – Strikeout of Existing DMMC Chapter 10.04 5 September 8, 2025 Item 8
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE
CHAPTER 10.04 (FIRE PREVENTION) BY AMENDING
SECTIONS 10.04.010, 10.04.030, 10.04.040, 10.04.100 AND
10.04.110; BY CONFIRMING THAT THE LOCALLY ADOPTED
AMENDMENTS IN EXISTING SECTIONS 10.04.050, 10.04.060,
10.04.070, 10.04.080, 10.04.090, 10.04.120 AND 10.04.130 WILL CONTINUE TO APPLY; BY ADDING NEW SECTIONS 10.04.140
AND 10.04.150; ALL RELATING TO THE APPLICABILITY OF THE 2025 CALIFORNIA BUILDING STANDARDS CODES AND
ASSOCIATED STATE FIRE CODE WITHIN THE CITY OF DEL
MAR
WHEREAS, Chapter 10.04 of the Del Mar Municipal Code is the Del Mar Fire Code, which adopts by reference the International Fire Code and the California Fire Code; and
WHEREAS, there is a need to amend Chapter 10.04 because the State of California (“State”), pursuant to Health & Safety Code section 17922, has recently adopted the 2024 version of the International Fire Code and the 2025 version of the California Fire Code (together, the “Fire Code”), in addition to the new 2025 California Wildland-Urban Interface Code; and
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Fire Code and California Wildland-Urban Interface Code; and
WHEREAS, California Health and Safety Code section 17958 permits local jurisdictions to make such changes or modifications to the California Building Standards Codes as are necessary due to local climatic, geological or topographical conditions; and WHEREAS, local amendments adopted by the City of Del Mar shall take precedence over the Fire Code; and
WHEREAS, on August 29, 2025, the notice of City Council public hearing was published in the Coast News; and
WHEREAS, on September 8, 2025, the City Council held a duly noticed public hearing for introduction of the Ordinance; and
6 September 8, 2025 Item 8
Ordinance No. XXXX
WHEREAS, the City Council finds that the minor modifications and changes to the California Fire Code are reasonably necessary to ensure consistent application of the codes throughout the State; and
WHEREAS, the proposed amendments do not constitute an amendment to the City’s certified Local Coastal Program, which means that the final decision on the ordinance will be made by the Del Mar City Council.
NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:
SECTION ONE:
The City Council hereby confirms that the following findings are still applicable to conditions within the City of Del Mar pursuant to California Health and Safety Code section 17958.5:
Finding A
The City of Del Mar is adjacent to a major transportation corridor (Interstate 5) which traverses in a north/south direction. Interstate 5 is used to transport hazardous materials and is designated by the State of California as an approved route for transporting highly toxic and radioactive materials.
The City of Del Mar is bisected by a railroad line running north/south. Hazardous materials are transported on the railroad.
Underground pipes run parallel to the railroad line and carry natural gas under high pressure. Underground pipes run in a north/south direction in the eastern portion of the City and carry liquid petroleum under high pressure.
The transport, through the City, of hazardous, toxic, and radioactive materials, as well as natural gas and liquid petroleum, on a regular basis, increases the threat of fire ignition and spread. This adds to the fire danger posed by the City’s climatic, topographic, and geological conditions.
Finding B
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially during the dry season. There are numerous areas of wildland-urban interface where structures, especially residential structures, are in close proximity to that natural vegetation. 7 September 8, 2025 Item 8
Ordinance No. XXXX
The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community.
Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).
As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of fire into the community. Therefore, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.
Finding C
The City of Del Mar is situated on the west slope of the coastal foothills that contain drainages which contribute to flooding within the community.
Because flooding conditions can impede fire service vehicles reaching the site of a fire, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.
Finding D
The City of Del Mar is situated near the Rose Canyon Fault, the Elsinore Fault, and the Agua Caliente Fault. A cluster of faults known as the “South Coast Offshore Zone of Deformation” is located off the City’s coast. These geologic conditions are capable of generating earthquakes of significant magnitude at any time.
An earthquake may: (1) cause fires; (2) impede emergency vehicles responding to fires; and (3) interrupt the City’s water supply which is needed to fight fires.
Because the community is subject to damage from earthquakes, land use projects need to be developed to provide greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.
Finding E
The City of Del Mar and Southern California are semi-arid regions and experience water shortages from time to time. Those shortages can have a severely adverse effect on water availability for fire fighting. Fires starting in sprinkled buildings are typically controlled by one to three sprinkler heads, flowing as little as 13 gallons per minute.
8 September 8, 2025 Item 8
Ordinance No. XXXX
Hose streams used by engine companies on well established structure fire operate at approximately 250 gallons per minute each, and the estimated water needed for a typical residential fire is 1,250 to 1,500 gallons per minute, according to the Insurance Service Office and the International Fire Code. The water estimate for a commercial building is typically greater than that of a residential fire.
Under circumstances such as lack of water, infrastructure, earthquakes, multiple fires, and wildland fire within a community, the limited water demand needs of residential fire sprinklers would control and extinguish many fires before they spread from building to wildland or building to building. In such a disaster, water demands needed for conflagration firefighting probably would not be available.
Finding F
Due to the sloping topography and coastal foothills in the City of Del Mar, the potential exists that new and future development will result in taller buildings on smaller parcels. Defining mid-rise building as 4 story buildings modifies the application of special provisions for these buildings to all occupancies. Because of the need to mitigate the potential danger of mid-rise buildings, this change is necessary.
In addition, the limitations of available firefighting equipment, limited availability of human resources in local fire departments, and the necessity to climb vertically up flights of stairs, greatly impacting the response time to reach an incident scene, it is necessary to define the height of mid-rise buildings. The reduced height and built-in protection will mitigate extended fire department response time and keep incidents manageable.
Finding G
Base upon the circumstances previously described, the protection of persons and property requires the City to adopt standards that are more stringent than those set forth in: (1) The State Building Code Sections 202, 308, 321, 503, 507, 902, 903, 905, 5608, 5704, 5705, 5706, 6104, B, I and Section 3 of the International Fire Code.
SECTION TWO:
That Section 10.04.010 of the Municipal Code is amended to read as follows:
Chapter 10.04 - 2025 FIRE CODE
10.04.010 - Adoption of California Fire Code.
That a certain document, three copies of which are on file in the office of the City of Del Mar Fire Department being marked and designated as the 2024 International Fire Code 9 September 8, 2025 Item 8
Ordinance No. XXXX
and 2025 California Fire Code, including Appendix B and I, and the 2025 California Wildland Urban Interface Code, as published by the International Code Council, is hereby adopted as the fire code of the City of Del Mar, State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, or construction, erection, alteration, repair, moving, removal, conversion, demolition, equipment use, and maintenance of buildings and structures, including that providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the City of Del Mar Fire Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and revisions, if any, prescribed in this Chapter.
SECTION THREE:
That Section 10.04.030 of the Municipal Code is amended to read as follows:
Chapter 2 – Definitions
Section 202 - General Definitions. This section is added or revised to read:
Fire Hazard - is any condition or conduct which: (a) increases or may increase the threat of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or (b) may obstruct, delay, hinder or interfere with the operations of the Fire Department or egress of occupants in the event of fire.
Fireworks - is any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, roman candles, Daygo bombs, sparklers, snap caps, poppers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing any explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall not be permitted at all times. "Fireworks" shall include snap caps and poppers, regardless of the amount of explosive content included in each device.
Hazardous Fire Area - Any geographic area mapped by the State or designated by the local jurisdiction as a moderate, high or very high fire hazard area, or which the FAHJ has determined is a hazardous fire area based on the type and condition 10 September 8, 2025 Item 8
Ordinance No. XXXX
of vegetation, topography, weather, or structure density which may increase the possibility of the area being susceptible to wildfire.
Level - An area above or below grade including but not limited to; basements, garages, cellars, mezzanines, or similar uses.
Mid-Rise Commercial Building - a building four stories or more in height, but not exceeding 75 feet and not defined as a high-rise building by section 202 of the California Building Code. Measurements shall be made from the underside of the roof or floor above the topmost space that may be occupied, to the lowest level of fire apparatus access road level. Nothing in section 324 shall imply or allow a building height in excess of current City of Del Mar Planning and Zoning requirements.
Wherever the terms "This Code" and "2024 International Fire Code" are used, they shall mean the 2025 California Fire Code as modified by the City of Del Mar with the additions, deletions and revisions set forth in the amendments.
SECTION FOUR:
That Section 10.04.040 of the Municipal Code is amended to read as follows:
10.04.040 - Chapter 57 Flammable and Combustible Liquids; Chapter 61 Liquefied Petroleum Gases.
Chapter 57 - Flammable and Combustible Liquids
Section 5704.2.9.6.1 - Locations where Above-ground Tanks are Prohibited. This section is revised to read:
In the City of Del Mar, (geographic limits in which the storage of class I and Class II liquids in above-ground tanks outside of buildings is prohibited): the limits referred to in Section 5704.2.9.6.1 and 5706.2.4.4 of the 2025 California Fire Code and the 2024 International Fire Code in which storage of flammable or combustible liquids in outside above-ground tanks is prohibited are hereby established as the jurisdictional limits of the City of Del Mar.
EXCEPTIONS:
1. 2000 gallons maximum temporary (six months maximum) aboveground tanks meeting UL 2085 for private use on farms, agricultural and rural property, remote construction sites, earth moving projects, gravel pits or borrow pits. Such tanks shall be specially designed, approved and listed, and have features incorporated into their design which mitigates concerns for exposure to heat (two-hour fire resistance), ignition sources and mechanical damage. A Fire Department permit will be required.
11 September 8, 2025 Item 8
Ordinance No. XXXX
2. Crankcase drainings may be stored in specially constructed aboveground storage tanks, approved by the Fire Code Official, with a maximum capacity of 550 gallons.
Such tanks may be located within a building when the Fire Code Official deems appropriate, and the container meets the following: specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage.
3. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. In no case shall such storage be permitted in residential or institutional property. All installations require a Fire Department permit.
4. With the approval of the Fire Code Official, Class I and II liquids may be stored in aboveground tanks inside or outside of buildings in specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage.
Class I liquids will be limited to 550 gallons and Class II liquids will be limited to 1,100 gallons. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. The Fire Code Official may disapprove the installation of such containers when in his opinion their use presents a risk to life or property.
5. With the approval of the Fire Code Official, temporary storage of a maximum 10,000 gallons of Class II liquids may be permitted for a period not to exceed ninety (90) days at remote construction sites, earth moving projects, gravel pits or borrow pits, consistent with 5704 and 5706.
Section 5706.2.4.4 - Locations where Aboveground Tanks are prohibited. This section is revised to read:
The geographic limits in which the storage of Class I and Class II liquids in aboveground tanks are prohibited in residential areas within the City of Del Mar.
Section 5706.4 - Bulk Plants or Terminals. This section is revised to read:
The geographic limits in which bulk plants and terminals of flammable and combustible liquids are received are prohibited for the protection of heavily populated and congested areas and is hereby established as jurisdiction limits of the City of Del Mar.
Chapter 61 - Liquefied Petroleum Gases
Section 6104.2 - Maximum Capacity within Established Limits. This section is revised to read:
The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of Del Mar. The aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons.
12 September 8, 2025 Item 8
Ordinance No. XXXX
SECTION FIVE:
That Section 10.04.100 of the Municipal Code is amended to read as follows:
10.04.100 - Appeals.
Section 112 Board of Appeals. This section is revised to read:
Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Marshal to the Del Mar City Council in writing within 10 days from the date of the decision appealed, in accordance with Chapter 1.12 of the Del Mar Municipal Code.
SECTION SIX:
That Section 10.04.110 of the Municipal Code is amended to read as follows:
10.04.110 - Penalties.
Section 113.4 - Violation Penalties. This section is revised to read:
A. Any person, corporation, association or entity that violates the provisions of Sections 105, 106, 107, 109, 110, or 111 or 113,115, and 116 of the 2025 California Fire Code is guilty of a misdemeanor. Any person, corporation, association or entity that violates any other provisions of this chapter is guilty of a misdemeanor or infraction as determined under Chapter 1.08 Del Mar Municipal Code. The penalty for violations shall be determined under Chapter 1.08 of the Del Mar Municipal Code. Each day or portion thereof that a violation of this chapter exists shall constitute a separate violation. Each violation of this chapter, in addition to the offenses under this section, shall constitute a public nuisance.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
SECTION SEVEN:
That Section 10.04.140 of the Municipal Code is added to read as follows:
10.04.140 - Adoption of the 2025 California Wildland-Urban Interface Code, Part 7, Title 24 of the California Code of Regulations.
13 September 8, 2025 Item 8
Ordinance No. XXXX
There is adopted and incorporated by reference herein as the City Wildland-Urban Interface Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached, the 2025 California WildlandUrban Interface Code, Part 7, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Wildland-Urban Interface Code, 2024 Edition. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached within the City of Del Mar shall be in conformance with the 2025 California Wildland-Urban Interface Code, published by the California Building Standards Commission.
SECTION EIGHT:
That Sections 10.04.050, 10.04.060, 10.04.070, 10.04.080, 10.04.090, 10.04.120,
10.04.130 are not being amended by this ordinance and will continue to read as follows:
10.04.050 - Explosives and Fireworks.
Chapter 56 Explosives and Fireworks
Section 5608.2 Fireworks. This section is added to read:
Fireworks shall not be sold, manufactured, disposed or discharged within the jurisdictional boundaries of the City of Del Mar, except when a permit is issued for public display, theatrical purposes and/or group entertainment by the Fire Department to a California State Fire Marshal licensed pyro-technician and the minimum requirements of Title-19, California Code of Regulations, Chapter-6, fireworks are met. The San Diego County Regulatory Ordinance, Title-3, Division2, Chapter 1, section 32.101 through 32.108 may be used as a guide when enforcing these requirements.
Section 5608.3 Fire Works Penalty. This section is added to read:
Fireworks Penalty - Any person violating any provision or failing to comply with this Chapter or the requirements of Title-19 California Code of Regulations, Chapter 6, and/or San Diego County Regulatory Ordinance, Title-3, Division-2, Chapter 1, section 32.101 through 32.108, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed One Thousand dollars ($1000) or by imprisonment in the County jail for a period of not more than one year or by both such fine and imprisonment.
10.04.060 - Mid-Rise Buildings.
14 September 8, 2025 Item 8
Ordinance No. XXXX
Chapter 3 - General Requirements
Section 324 - Mid-Rise Buildings
Section 324.1 - General. This section is added to read:
All newly constructed mid-rise buildings or any mid-rise building which undergoes a complete structural or non-structural renovation that requires the vacancy of the entire building to complete the renovation, shall comply with sections 324.1-324.3.
Exceptions:
1. Buildings used exclusively as an open parking garage.
2. Buildings where all floors above the fourth-floor level are used exclusively as an open parking garage.
3. Buildings such as a power plant, lookout tower, steeple, grain house, or other similar structures with intermittent human occupancy.
Section 324.2 - Fire Equipment Control Room
A fire equipment control room for fire department operations shall be provided. The location and accessibility of the room shall be approved by the fire department and be separated from the remainder of the building by not less than a 1-hour barrier.
The room shall contain the following at a minimum:
1. Voice alarm and public address panels.
2. Fire alarm control panel.
3. Status indicators and controls for air-handling systems.
4. Fire pump status indicators (if required).
5. Set of complete building plans.
Section 324.3 - Road Dimensions
Fire apparatus access roads serving buildings or portions of buildings or facilities that exceed 30 feet in height above the lowest level of fire department vehicle access shall have an unobstructed width of not less than 26 feet.
10.04.070 - Section 503 Fire Apparatus Access Roads.
Chapter 5 - Fire Service Features
Section 503 - Fire Apparatus Access Roads
Section 503.2.1 - Dimensions
Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet, except for single-family residential driveways; serving no more than 15 September 8, 2025 Item 8
Ordinance No. XXXX
two, single-family dwellings, shall have a minimum of 16 feet of unobstructed improved width.
EXCEPTION:
Fire access roadways, gated entrances with card readers, guard stations or center medians, which have separated lanes of one-way traffic, shall be not less than 14 feet wide per lane.
Section 503.2.3 - Surface. This section is revised to read:
New or improved fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 lbs. and shall be provided with an approved driving surface to provide all-weather driving capabilities.
Section 503.2.7 - Grade. This section is revised to read:
New or improved grades exceeding 15% on fire apparatus access roads shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel. Maximum grade shall not exceed 20%.
Section 503.2.8 - Angles of Approach and Departure. This section is revised to read:
The angle of approach and departure of a fire access roadway shall not exceed 12% or as approved by the Fire Code Official.
Section 503.3 - Marking. This section is revised to read:
When required by the Fire Code Official, approved signs or other approved notices or markings shall be provided for all public and private fire apparatus access roads to identify such roads or prohibit obstruction thereof. Signs or notices or markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. All new public roads, all private roads within major subdivisions and all private roads serving four or more parcels shall be named. Road name signs shall comply with City of Del Mar standards.
Section 503.6 - Security Gates. This section is revised to read:
Section 503.6 - Security Gates: No person shall install a security gate or security device across a fire access roadway without the Fire Code Official's approval.
1. An automatic gate across a fire access roadway or driveway shall be equipped with an approved emergency key-operated switch overriding all command functions and opening the gate.
16 September 8, 2025 Item 8
Ordinance No. XXXX
2. A gate accessing more than four residences or residential lots, or a gate accessing any hazardous institutional, educational or assembly occupancy group structure, shall also be equipped with an approved emergency traffic control-activating strobe light sensor or other device approved by the Fire Code Official, which will activate the gate on the approach of the emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure.
3. An automatic gate shall meet Fire Department policies deemed necessary by the Fire Code Official for rapid, reliable access.
4. An automatic gate serving more than one dwelling or residential lot in existence at the time of adoption of this Chapter is required to install an approved emergency key-operated switch or other mechanism approved by the Fire Code Official, at an approved location, which overrides all command functions and opens the gate. A property owner shall comply with this requirement within 90 days of receiving written notice to comply.
5. Where this section requires an approved key-operated switch, it may be dual-keyed or equipped with dual switches provided to facilitate access by law enforcement personnel.
6. Electric gate openers, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.
10.04.080 - Fire Protection Water Supplies and Fire Service Features.
Chapter 507 Fire Protection Water Supplies
Section 507.2.2 Water Tanks. This section is revised to read:
Water storage tanks, when permitted by the Fire Code Official, shall comply with Table No. 507.2.2A.
WATER STORAGE TANKS
Table No. 507.2.2A
TABLE NO. 507.2.2A
Building Square Feet Gallons per Minute
Water Flow
Capacity
Gallons
Duration
Minutes
Up to 1,500
Over 1,500
250
250
5,000
10,000
20 40
When exposure distance is one hundred feet (100') or less from adjacent property or where additional hazards or higher fire flow exists, the required water storage may be modified by the fire code official.
17 September 8, 2025 Item 8
Ordinance No. XXXX
1. Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as determined by the fire department.
Tank size may be increased to serve multiple structures on a single parcel.
2. Supply outlet shall be at least 4 inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall provide an approved means of controlling water flow.
3. The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure.
4. All exposed tanks and exposed supply pipes shall be of an alloy or other material listed for above ground use. Adequate support shall be provided.
Section 507.5.1 Where Required. This section is revised to read:
The location, type and number of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public or private street, or on the site of the premises to be protected or both. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of section 503.
Section 507.5.1.01 Requirements for single-family dwellings. This section is revised to read:
In zones other than industrial, commercial and multi-family, fire hydrants shall be installed in accordance with Table No. 507.5.1.01A.
Table No. 507.5.1.01A
TABLE 507.5.1.01A
Parcels ½ acre and larger: Every 500 feet
Parcels less than ½ acre: Every 350 feet
Section 507.5.1.02 Requirements for multi-family, commercial and industrial zones. This section is revised to read:
In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, or as approved by the fire code official, and every 300 feet of fire access roadways, regardless of parcel size.
10.04.090 - Section 903 Automatic Sprinkler System Requirements; Section 905 Standpipe Systems.
Chapter 9 Fire Protection Systems
18 September 8, 2025 Item 8
Ordinance No. XXXX
Section 903.2 Where Required. This section is revised to read:
Approved automatic sprinkler system in new building and structures shall be provided in the locations described in sections 903.2.1 through 903.2.12, and may be required in additions and remodels of existing structures as described in section 903.2.01.
Life Safety Sprinkler System shall meet National Fire Protection Association Standards 13-D and 13-R latest addition, and City of Del Mar installation policies, as appropriate.
Section 903.2.01 Additions, Remodels, and Reconstruction An automatic sprinkler system installed in accordance with 903.3 may be required to be installed throughout structures when the addition is more than 50% of the existing building or where the scope of work includes significant modifications to the interior or roof of the building.
Exceptions:
1. If the cost of the installation exceeds 15 percent of the valuation of the project. Formal bids shall be provided to the fire prevention bureau to be reviewed for acceptance.
2. If the addition to the existing building is strictly for the creation of a new Accessory Dwelling Unit; no additions or remodels to the existing building is permitted.
Section 903.2.02 New Commercial and Group U
An automatic sprinkler system installed in accordance with section 903.3 shall be required in buildings and structures where the required fire flow exceeds 1500 gallons per minute as calculated by section 507.3, or when the square footage of a new commercial building exceeds 5,000 square feet.
903.2.03 Exception
Agricultural buildings constructed of wood or metal frame, over which fabric or similar material is stretched, which are specifically used as green houses are exempt from the automatic sprinkler requirements unless physically connected to other structures.
Section 905 Standpipe Systems
Section 905.3 Required Installations. This section is revised to read:
A Class I standpipe with 2.5-inch hose valves shall be provided for all commercial buildings three levels or more in height, regardless of occupancy use. Hose valves 19 September 8, 2025 Item 8
Ordinance No. XXXX
shall be located in each stair enclosure and on each floor level, including the roof.
For single story buildings or parking structures with large floor areas, Class I standpipes may be required.
10.04.120 - Administration.
Chapter 1 - Administration
Section 101.5 City of Del Mar Validity. This section is revised to read:
The City Council of the City of Del Mar hereby declares that should any section, paragraph, sentence or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of Del Mar that it would have passed all other portions of this ordinance independently of the elimination here from of any such portion as may be declared invalid.
Section 102.13 Repeal of Conflicting Ordinances, Resolutions or motions. This section is revised to read:
Section 102.13 REPEAL OF CONFLICTING ORDINANCES, RESOLUTIONS OR MOTIONS.
All former ordinances, resolutions or motions, or parts thereof, which conflict or are inconsistent with the provisions of this Ordinance or of the Code or standards hereby adopted, are hereby repealed.
10.040.130 - General Requirements.
Chapter 3 General Requirements
Section 308.1.6.3. Sky Lanterns. This section is revised to read:
Sky lanterns, floating luminary, and similar devices propelled by open flame are prohibited for sale or use.
SECTION NINE:
That Section 10.04.150 of the Municipal Code is added to read as follows:
10.040.150 - CHAPTER 5 SPECIAL BUILDING CONSTRUCTION REGULATIONS Section 503 – General Amended.
503.1 General. Buildings and structures hereafter constructed, modified or relocated into or within wildland-urban interface areas shall meet the construction 20 September 8, 2025 Item 8
Ordinance No. XXXX
requirements in accordance with Chapter 5. Materials required to be ignitionresistant building materials shall comply with the requirements of Section 503.2.
The vent requirements in Section 504 shall apply to all residential occupancies undergoing remodels, additions, or alterations.
504.10 Vents. Amended.
All residential buildings, including new construction, remodels, additions and alterations including re-roofs, shall be equipped with wildfire flame and emberresistant approved vents. Where provided, ventilation openings for enclosed attics, gable ends, ridge ends, under eaves and cornices, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, underfloor ventilation, foundations and crawl spaces, or any other opening intended to permit ventilation, either in a horizontal or vertical surface, shall be in accordance with Section 504.10.1 or Section 504.10.2 to resist building ignition from the intrusion of burning embers and flame through the ventilation openings.
SECTION TEN:
This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
SECTION ELEVEN:
This Ordinance was introduced by the City Council on September 8, 2025.
SECTION TWELVE:
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION THIRTEEN:
If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
SECTION FOURTEEN:
21 September 8, 2025 Item 8
Ordinance No. XXXX